Supreme Court - Daily Orders
Vivekanand Jha vs The State Of Jharkhand on 4 November, 2020
Bench: Uday Umesh Lalit, Vineet Saran, S. Ravindra Bhat
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IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.731 OF 2020
(Arising out of SLP (Criminal) No.3164 of 2020)
VIVEKANAND JHA Appellant
VERSUS
STATE OF JHARKHAND & ANR. Respondents
O R D E R
Leave granted.
This appeal arises out of the order dated 08.06.2020 passed by the High Court of Jharkhand at Ranchi in A.B.A. No.1447 of 2020.
Apprehending arrest in crime registered pursuant to FIR No.03/2019 dated 12.02.2019 with Women Police Station, District Godda, for the offences punishable under Sections 498A/504/506/34 IPC and Sections 3/4 of the Dowry Prohibition Act, 1961, the appellant preferred application under Section 438 of the Code of Criminal Procedure, 1973. The said application having been rejected by the High Court, the present appeal has been preferred.
While issuing notice on 07.08.2020, the appellant was granted protection against arrest in connection with the aforesaid crime.
We have heard Mr. Gautam Jha, learned counsel for the appellant, Mr. P.S. Sudheer, learned counsel for the State, and, Mr. Hargovind Jha, learned counsel for the original complainant. Signature Not Verified Digitally signed by Dr. Mukesh Nasa Date: 2020.11.06 15:46:48 IST Reason: 2 Considering the entirety of the circumstances on record, in our view, the appellant is entitled to the relief of anticipatory bail. We, therefore, make the order dated 07.08.2020 absolute and direct that in case the appellant is arrested in connection with the aforesaid crime, the Arresting Officer shall release him on bail, subject to his furnishing cash security in the sum of Rs.25000/- with two like sureties.
The appellant shall, if summoned by the Trial Court, appear on the concerned dates and shall thereafter be bound by such processes and directions as may be issued by the concerned Trial Court.
With the aforesaid observations, this appeal is allowed.
........................J. [UDAY UMESH LALIT] ........................J. [VINEET SARAN] ........................J. [S. RAVINDRA BHAT] NEW DELHI;
NOVEMBER 04, 2020.
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ITEM NO.9 COURT NO.4 SECTION II-A (HEARING THROUGH VIDEO CONFERENCING) S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition for Special Leave to Appeal (Crl.) No.3164/2020 (Arising out of impugned final judgment and order dated 08-06-2020 in ABA No.1447/2020 passed by the High Court Of Jharkhand At Ranchi) VIVEKANAND JHA Petitioner(s) VERSUS STATE OF JHARKHAND & ANR. Respondent(s) (IA No.79061/2020 – FOR CONDONATION OF DELAY IN FILING THE SPARE COPIES; IA No.63220/2020 – FOR EXEMPTION FROM FILING AFFIDAVIT; and, IA No.63215/2020 – FOR EXEMPTION FROM FILING O.T.) Date : 04-11-2020 This matter was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE UDAY UMESH LALIT HON'BLE MR. JUSTICE VINEET SARAN HON'BLE MR. JUSTICE S. RAVINDRA BHAT For Petitioner(s) Mr. Gautam Jha, AOR For Respondent(s) Mr. P.S. Sudheer, Adv.
Mr. Shantanu Sagar, AOR Mr. Hargovind Jha, Adv.
Mr. Rameshwar Prasad Goyal, AOR UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeal is allowed, in terms of the Signed Order. Pending applications, if any, also stand disposed of.
(MUKESH NASA) (PRADEEP KUMAR)
COURT MASTER BRANCH OFFICER
(Signed Order is placed on the File)