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RAMNARAYAN v. ANOKHILAL JATAV

Supreme Court of India | Diary 10201/2023

Status

ROP - of Main Case

Decided On

23-08-2023

Bench

HON'BLE MR. JUSTICE A.S. BOPANNA and HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA

Petitioner

RAMNARAYAN

Respondent

ANOKHILAL JATAV

Primary Holding

A condition imposed as a prerequisite for grant of anticipatory bail under Section 438 CrPC directing deposit of an amount is not sustainable in law and liable to be set aside, though the accused remains bound by Section 438(2) obligations.

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Full Judgment Text

CORRECTED IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 2563 OF 2023 (@ SLP (CRL.) NO.3792 OF 2023) RAMNARAYAN APPELLANT(S) VERSUS ANOKHILAL JATAV & ANR. RESPONDENT(S) O R D E R Leave granted. Heard learned counsel for the parties and perused the appeal papers. The appellant is before this Court assailing the condition imposed for grant of anticipatory bail. This court while directing notice on 10.04.2023 had stayed the condition contained in paragraph No.6 of the impugned order dated 09.01.2023 and had allowed the order granting anticipatory bail to remain in force. Such condition being imposed for grant of anticipatory bail, is not sustainable. Hence, only to that extent, the condition as imposed, is set aside. However, it is made clear that the appellant shall diligently participate in the investigation and adhere to the requirements of Section 438(2) of Cr.P.C. Subject to the same, the appeal is allowed. ..……..……………………………………………………J. [A.S. BOPANNA] …..…...……….……………………………………….J. [ PRASHANT KUMAR MISHRA ] NEW DELHI; AUGUST 23, 2023

ITEM NO.10 COURT NO.4 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 for Special Leave to Appeal (Crl.) No.3792/2023 (Arising out of impugned final judgment and order dated 09-01-2023 in MCRC No. 61481/2022 passed by the High Court of M.P at Indore) RAMNARAYAN Petitioner(s) VERSUS ANOKHILAL JATAV & ANR. Respondent(s) (IA No. 59405/2023 - EXEMPTION FROM FILING O.T.) Date : 23-08-2023 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE A.S. BOPANNA HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA For Petitioner(s) Mr. Praveen Chaturvedi, AOR Mr. Anil K. Sharma, Adv. Mr. Sanjeev Kumar, Adv. Ms. Jyoti Chaturvedi, Adv. For Respondent(s) Mr. Abhimanyu Singh, Adv. Mr. Pashupathi Nath Razdan, AOR Mr. Mirza Kayesh Begg, Adv. Ms. Maitreyee Jagat Joshi, Adv. Mr. Astik Gupta, Adv. Ms. Akansha Tomar, Adv. Mr. Rohan Mazumdar, Adv. Mr. Bhagwan Jee Thakur, Adv. UPON hearing the counsel the Court made the following O R D E R Leave granted. The appeal is allowed in terms of signed order. Pending application(s) shall also stand disposed of. (RAJNI MUKHI) (DIPTI KHURANA) COURT MASTER (SH) ASSISTANT REGISTRAR (Signed order is placed on the file)

ITEM NO.8 COURT NO.12 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 for Special Leave to Appeal (Crl.) No.3792/2023 (Arising out of impugned final judgment and order dated 09-01-2023 in MCRC No. 61481/2022 passed by the High Court of M.P at Indore) RAMNARAYAN Petitioner(s) VERSUS ANOKHILAL JATAV & ANR. Respondent(s) (FOR ADMISSION and I.R. and IA No.59405/2023-EXEMPTION FROM FILING O.T. ) Date : 10-04-2023 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE A.S. BOPANNA HON'BLE MS. JUSTICE HIMA KOHLI For Petitioner(s) Mr. Anil K. Sharma, Adv. Mr. Sanjeev Kumar, Adv. Ms. Jyoti Chaturvedi, Adv. Mr. Praveen Chaturvedi, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Issue notice to the respondents. In the meantime, there shall be interim stay of the impugned condition to deposit the amount as contained in paragraph 6 of order dated 09.01.2023. (RAJNI MUKHI) (DIPTI KHURANA) COURT MASTER (SH) ASSISTANT REGISTRAR

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