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Supreme Court - Daily Orders

Sanni vs State By Dharwad Vidyagiri Police ... on 15 October, 2024

Bench: Dipankar Datta, Prashant Kumar Mishra

     ITEM NO.3                                COURT NO.16                  SECTION II-C

                                    S U P R E M E C O U R T O F        I N D I A
                                            RECORD OF PROCEEDINGS

                      Petition(s) for Special Leave to Appeal (Crl.) No.8676/2024

     (Arising out of impugned final judgment and order dated 11-07-2022
     in CRLA No.1394/2012 passed by the High Court of Karnataka Circuit
     Bench at Dharwad)

     SANNI                                                                  Petitioner

                                                       VERSUS

     STATE BY DHARWAD VIDYAGIRI POLICE
     REPRESENTED BY SPP & ORS.                                             Respondents

     (with I.A. No.126870/2024-EXEMPTION FROM FILING O.T., I.A. No.
     126871/2024-GRANT OF BAIL, I.A. No.126872/2024-PERMISSION TO FILE
     ADDITIONAL   DOCUMENTS/FACTS/ANNEXURES  and I.A.   No.126869/2024-
     PERMISSION TO FILE LENGTHY LIST OF DATES)

     Date : 15-10-2024 This petition was called on for hearing today.

     CORAM :                 HON'BLE MR. JUSTICE DIPANKAR DATTA
                             HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA

     For Petitioner(s)                  Ms. Sonia Mathur, Sr. Adv.
                                        Ms. Shubhi Bhardwaj, Adv.
                                        Mr. Nikhil Chandra Jaiswal, Adv.
                                        Ms. Akanksha Singh, Adv.
                                        Ms. Shraddha Khandhadia, Adv.
                                        Ms. Manju Jetley, AOR

     For Respondent(s)                  Mr. Naveen Sharma, AOR
                                        Mrs. Swati Bhushan Sharma, Adv.
                                        Mr. S. K. Sharma, Adv.


                              UPON hearing the counsel the Court made the following
                                                 O R D E R

1. Leave granted.

2. The appellant was denied benefit of probation by the High Court on the Signature Not Verified Digitally signed by rashmi dhyani pant Date: 2024.10.15 18:03:04 IST ground that he was unable to place any material to substantiate that he Reason: 1 had been acquitted in proceedings arising out of Crime No.115/2011 (sic, 2010) registered at Police Station-Golgumbaz, Vijayapura.

3. Ms. Sonia Mathur, learned senior counsel appearing for the appellant, has invited our attention to the judgment dated 09 th December, 2011 in C.C. No.475/2010 arising out of Crime No.115/2010. It appears that the Principal Chief Judicial Magistrate, Bijapur, acquitted the accused (including the appellant who was accused no.2) under Section 248(1) of the Code of Criminal Procedure, 1973 and set them at liberty.

4. In such view of the matter, we are inclined to allow the application for bail being I.A. No.126871/2024.

5. The appellant may be released on bail, on subject to such terms and conditions to fixed by the trial court.

6. List the appeal in the month of January, 2025.

(RASHMI DHYANI PANT)                                         (SUDHIR KUMAR SHARMA)
 COURT MASTER (SH)                                             COURT MASTER (NSH)




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