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SHRI YADAV @ GANESH YADAV v. THE STATE OF JHARKHAND

Supreme Court of India | Diary 10124/2024

Status

ROP - of Main Case

Decided On

15-07-2024

Bench

HON'BLE MR. JUSTICE M.M. SUNDRESH and HON'BLE MR. JUSTICE ARAVIND KUMAR

Petitioner

SHRI YADAV @ GANESH YADAV

Respondent

THE STATE OF JHARKHAND

Primary Holding

Advanced age constitutes a valid and independent ground for grant of anticipatory bail, even where co-accused persons are denied similar relief on merits.

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Full Judgment Text

1 IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 2934 /2024 [@ SLP [CRL.] NO. 4298/2024] SHRI YADAV @ GANESH YADAV & ORS. Appellant(s) VERSUS THE STATE OF JHARKHAND & ANR. Respondent(s) O R D E R Heard. Leave granted. We are inclined to grant anticipatory bail to the appellant No.1 – Shri Yadav @ Ganesh Yadav, solely on the ground that he is stated to be a 75 year old man. Insofar as the other appellants are concerned, we are in agreement with the impugned order. However, we are inclined to grant four weeks’ time to the other appellants to surrender and seek relief of regular bail. Accordingly, the impugned order is set aside insofar as the appellant No.1 is concerned, and he is granted bail, subject to terms and conditions to the satisfaction of the trial Court.

2 The appeal accordingly stands allowed qua appellant No.1, and dismissed qua other appellants. Pending applications, if any, stand disposed of. ……………………………………..J. [M.M. SUNDRESH] ……………………………………..J. [ARAVIND KUMAR] NEW DELHI; JULY 15, 2024.

3 ITEM NO.8 COURT NO.13 SECTION II-A 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(s). 4298/2024 (Arising out of impugned final judgment and order dated 06-02-2024 in ABA No. 8899/2023 passed by the High Court Of Jharkhand At Ranchi) SHRI YADAV @ GANESH YADAV & ORS. Petitioner(s) VERSUS THE STATE OF JHARKHAND & ANR. Respondent(s) Date : 15-07-2024 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE M.M. SUNDRESH HON'BLE MR. JUSTICE ARAVIND KUMAR For Petitioner(s) Mr. Utkarsh Singh, Adv. Mr. Shivam Kumar, Adv. Mr. Aditya Tripathi, Adv. Ms. Mudita Arora, Adv. Ms. Shruti Singh, Adv. M/S. Qua Legal, AOR For Respondent(s) Mr. Vishnu Sharma, Adv. Ms. Madhusmita Bora, AOR Mr. Shiv Ram Sharma, Adv. Mr. Pawan Kishore Singh, Adv. Mr. Dipankar Singh, Adv. Mr. Sudhanshu S Choudhary, Sr. Adv. Mr. Kumar Shivam, AOR UPON hearing the counsel the Court made the following O R D E R Leave granted. The appellant No.1 is granted bail, subject to terms and conditions to the satisfaction of the trial Court. The appeal stands allowed qua appellant No.1, and dismissed qua other appellants in terms of the signed order.

4 Pending applications, if any, stand disposed of. (ASHA SUNDRIYAL) (POONAM VAID) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH) [SIGNED ORDER IS PLACED ON THE FILE]

ITEM NO.1 COURT NO.15 SECTION II-A 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(s). 4298/2024 (Arising out of impugned final judgment and order dated 06-02-2024 in ABA No. 8899/2023 passed by the High Court Of Jharkhand at Ranchi) SHRI YADAV @ GANESH YADAV & ORS. Petitioner(s) VERSUS THE STATE OF JHARKHAND & ANR. Respondent(s) Date : 28-06-2024 This petition was called on for hearing today. CORAM : HON'BLE MRS. JUSTICE B.V. NAGARATHNA HON'BLE MR. JUSTICE UJJAL BHUYAN (VACATION BENCH) For Petitioner(s) Ms. Shruti Singh, Adv. M/S. Qua Legal, AOR For Respondent(s) Mr. Vishnu Sharma, Adv. Ms. Madhusmita Bora, AOR Mr. Shiv Ram Sharma, Adv. Mr. Pawan Kishore Singh, Adv. Mr. Bijoy Kumar Pradhan, Adv. Ms. Apurva, Adv. Mr. Kumar Shivam, AOR UPON hearing the counsel the Court made the following O R D E R On the joint request of learned counsel for the respective parties, the matter is adjourned for two weeks. (NEETU SACHDEVA) (MALEKAR NAGARAJ) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)

ITEM NO.3 COURT NO.3 SECTION II-A 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(s). 4298/2024 (Arising out of impugned final judgment and order dated 06-02-2024 in ABA No. 8899/2023 passed by the High Court of Jharkhand at Ranchi) SHRI YADAV @ GANESH YADAV & ORS. Petitioner(s) VERSUS THE STATE OF JHARKHAND Respondent(s) Date : 28-05-2024 This petition was called on for hearing today. CORAM : HON'BLE MRS. JUSTICE B.V. NAGARATHNA HON'BLE MR. JUSTICE SATISH CHANDRA SHARMA (VACATION BENCH) For Petitioner(s) M/S. Qua Legal, AOR Mr. Utkarsh Singh, Adv. Mr. Shivam Kumar, Adv. Mr. Aditya Tripathi, Adv. Ms. Mudita Arora, Adv. For Respondent(s) Mr. Vishnu Sharma, Adv. Ms. Madhusmita Bora, AOR Mr. Shiv Ram Sharma, Adv. Mr. Pawan Kishore Singh, Adv. Mr. Dipankar Singh, Adv. Mr. Sudhanshu S. Choudhari, Sr. Adv. Mr. Kumar Shivam, AOR UPON hearing the counsel the Court made the following O R D E R On the request made by learned counsel for the respondent-State, matter is adjourned by four weeks. List on 28.06.2024. The interim order dated 01.04.2024 shall continue till the next date of hearing. Application filed by the informant to implead himself as respondent No.2 is allowed. He is permitted to file counter affidavit by the next date of hearing. (RADHA SHARMA) (MALEKAR NAGARAJ) COURT MASTER (SH) COURT MASTER (NSH)

ITEM NO.3 COURT NO.14 SECTION II-A 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(s). 4298/2024 (Arising out of impugned final judgment and order dated 06-02-2024 in ABA No. 8899/2023 passed by the High Court Of Jharkhand At Ranchi) SHRI YADAV @ GANESH YADAV & ORS. Petitioner(s) VERSUS THE STATE OF JHARKHAND Respondent(s) (IA No.71838/2024-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.71836/2024-EXEMPTION FROM FILING O.T. and IA No.71835/2024-PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES ) Date : 01-04-2024 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE M.M. SUNDRESH HON'BLE MR. JUSTICE S.V.N. BHATTI For Petitioner(s) Mr. Utkarsh Singh, Adv. Mr. Shivam Kumar, Adv. Mr. Aditya Tripathi, Adv. Ms. Mudita Arora, Adv. M/S. Qua Legal, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Applications for exemption from filing c/c of the impugned judgment, official translation and permission to file additional documents/facts/annexures are allowed. Issue notice. In the meantime, the petitioners be not arrested subject to cooperation with the investigation. (ASHA SUNDRIYAL) (POONAM VAID) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)

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