IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. OF 2024 [arising out of SLP(Crl.) No. 8024 of 2022] MANOJ DUBEY ..... APPELLANT(S) VERSUS STATE REP. BY THE INSPECTOR OF POLICE ..... RESPONDENT(S) O R D E R 1. Leave granted. 2. This appeal, at the instance of the petitioner before the High Court, is directed against a part of the judgment and order dated 16.03.2020 of the High Court. While allowing an application under Section 438 of the Code of Criminal Procedure, 1973 preferred by the appellant, the High Court imposed several conditions for the appellant to comply with, in order to be entitled to enjoy the benefit of the order releasing him on bail. The appellant is aggrieved by one such condition which reads as follows: - “7. xxx xxx xxx c. The petitioner shall deposit a sum of Rs.5,00,000/- (Rupees Five Lakhs only) to the credit of Crime No. 24 of 2019 and also deposit original title deeds of immovable property worth of Rs.25,00,000/- (Rupees Twenty Five lakhs only), to the credit of Crime No. 34 of 2019, before the concerned Magistrate, within a period of two weeks from the date on which the order copy is made ready.” Crl.A. @ SLP(Crl.) No. 8024/2022 1
3. Having heard learned counsel appearing for the parties, we are of the view that imposition of such a condition is wholly unjustified and cannot be sustained in view of the decisions of this Court in Ramesh Kumar vs. the State of NCT of Delhi 1 and Dilip Singh vs. State of Madhya Pradesh & Anr. 2 and other decisions referred to therein. The High Court erred in not bearing in mind that in the context of grant of bail, all such conditions that would facilitate the appearance of the accused before the investigating officer/court, unhindered completion of investigation/trial and safety of the community assume relevance and not any condition which is onerous or unreasonable or excessive. 4. The impugned condition forming part of paragraph 7 of the impugned judgment and order, accordingly, stands set aside. The appeal is allowed. 5. The Trial Court is encouraged to expedite the trial in accordance with law. 6. Pending application(s), if any, shall stand disposed of. ............................J. (DIPANKAR DATTA) ............................J. (K.V. VISWANATHAN) NEW DELHI; MARCH 01, 2024. 1 (2023) 7 SCC 461 2 (2021) 2 SCC 779 Crl.A. @ SLP(Crl.) No. 8024/2022 2
ITEM NO.23 COURT NO.2 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 for Special Leave to Appeal (Crl.) No. 8024/2022 (Arising out of impugned final judgment and order dated 16-03-2020 in CRLOP No. 4592/2020 passed by the High Court of Judicature at Madras) MANOJ DUBEY Petitioner(s) VERSUS STATE REP. BY THE INSPECTOR OF POLICE Respondent(s) (IA No. 113114/2022 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Date : 01-03-2024 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE DIPANKAR DATTA HON'BLE MR. JUSTICE K.V. VISWANATHAN For Petitioner(s) Mr. Parijat Kishore, AOR Mr. S. Beno Bencigar, Adv. For Respondent(s) Mr. D. Kumanan, AOR Mrs. Deepa. S, Adv. Mr. Sheikh F. Kalia, Adv. Mr. Veshal Tyagi, Adv. UPON hearing the counsel the Court made the following O R D E R 1. Leave granted. 2. In terms of the signed order, the impugned condition forming part of paragraph 7 of the impugned judgment and order stands set aside. 3. The appeal is allowed, in terms of the signed order. 4. Pending application(s), if any, shall stand disposed of. (DEEPAK GUGLANI) (R.S. NARAYANAN) AR-cum-PS ASSISTANT REGISTRAR (signed order is placed on the file) Crl.A. @ SLP(Crl.) No. 8024/2022 3
ITEM NO.1728 COURT NO.11 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. 8024/2022 MANOJ DUBEY Petitioner(s) VERSUS STATE REP. BY THE INSPECTOR OF POLICE Respondent(s) Date : 24-04-2023 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE SUDHANSHU DHULIA [IN CHAMBERS] For Petitioner(s) Mr. Parijat Kishore, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R As a last opportunity, two weeks’ time is granted to the petitioner to file spare copy of the petition and no more time is granted for the same. List after two weeks. (SNEHA DAS) (VIDYA NEGI) SENIOR PERSONAL ASSISTANT ASSISTANT REGISTRAR
ITEM NO.2 REGISTRAR COURT. 2 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 BEFORE THE REGISTRAR SH. S.P.S. LALER Petition(s) for Special Leave to Appeal (Crl.) No(s). 8024/2022 MANOJ DUBEY Petitioner(s) VERSUS STATE REP. BY THE INSPECTOR OF POLICE Respondent(s) Date : 05-01-2023 This petition was called on for hearing today. For Petitioner(s) Mr. S.Beno Bencigar, Adv.(NP) Mr. Parijat Kishore, AOR (NP) For Respondent(s) UPON hearing the counsel through Video Conference, the Court made the following O R D E R In terms of Hon’ble Court’s Order dated 7.11.2022, spare copy for issuance of notice in respect of sole respondent not filed. In view of the default, process the matter for listing before the Hon’ble Judge in Chambers for further directions. S.P.S. LALER Registrar MG
ITEM NO.17 COURT NO.14 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(s). 8024/2022 (Arising out of impugned final judgment and order dated 16-03-2020 in CRLOP No. 4592/2020 passed by the High Court Of Judicature At Madras) MANOJ DUBEY Petitioner(s) VERSUS STATE REP. BY THE INSPECTOR OF POLICE Respondent(s) (IA No. 113114/2022 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Date : 07-11-2022 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE A.S. BOPANNA HON'BLE MR. JUSTICE PAMIDIGHANTAM SRI NARASIMHA For Petitioner(s) Mr. Beno Bencigar, Adv. Mr. Parijat Kishore, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R 1. Issue notice to the respondent(s). 2. In the meanwhile, the “condition 7(c)”, imposed by the High Court to deposit a sum of Rs. 5,00,000/- (Rupees Five Lakhs Only) and give security of immovable property worth Rs. 25,00,000/- Rupees Twenty Five Lakhs Only), shall remain stayed. 3. The Order of bail shall be implemented dehors the said condition(s). (NISHA KHULBEY) (DIPTI KHURANA) SENIOR PERSONAL ASSISTANT ASSISTANT REGISTRAR
ITEM NO.1710 COURT NO.4 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 SPECIAL LEAVE PETITION (CRIMINAL) Diary No(s). 10172/2022 MANOJ DUBEY Petitioner(s) VERSUS STATE REP. BY THE INSPECTOR OF POLICE Respondent(s) ( IA No.113114/2022-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.113113/2022-CONDONATION OF DELAY IN REFILING / CURING THE DEFECTS ) Date : 26-08-2022 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE J.K. MAHESHWARI [IN CHAMBER] For Petitioner(s) Mr. Parijat Kishore, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Delay of 95 days is condoned. (DIKSHA CHAUHAN) (BEENA JOLLY) SENIOR PERSONAL ASSISTANT COURT MASTER (NSH)