v IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.559 OF 2014 (Arising out of S.L.P.(Crl.) No.2424 of 2012) Pradeep Gupta Appellant(s) VERSUS State of Chhattisgarh & Anr. Respondent(s) O R D E R Leave granted. Heard learned counsel for the appellant-accused. Despite service of notice, none appears for the respondents. It is brought to our notice that the appellant along with others, charged for the offences punishable under Sections 147 and 307 I.P.C. and Section 25 of the Arms Act. The learned Trial Judge on consideration of materials, including the appellant's illness, granted bail on 4th November, 2009. The said order was challenged before the High Court by the complainant, the respondent No.2 herein. By the impugned order dated 13th March, 2012, the High Court allowed the petition filed by the complainant and set aside the order granting bail to the appellant. We were taken through the initial orders dated 14th October, 2009 and 4th November, 2009, passed by the learned Trial Judge, as well as the reasonings in the impugned order of the High Court. Taking note of the fact that the appellant was in custody for a period of one month and the bail was cancelled by the High Court nearly after a period of three years, we are not in agreement with the reasoning adduced by the High Court. Taking note of the allegations of the prosecution case, as is evident from the order of the Trial Court dated 14th October, 2009, and the subsequent order dated 4th November, 2009, we are unable to accept the reasonings of the High Court. Accordingly, the impugned order dated 13th March, 2012, is set aside. The order passed by the Trial Court on 4th November, 2009, is restored and the appeal is allowed. ....................CJI. (P. SATHASIVAM)
......................J. (RANJAN GOGOI) ......................J. (N.V. RAMANA) New Delhi; March 04, 2014.ITEM NO.14 COURT NO.1 SECTION IIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Crl) No(s).2424/2012(From the judgement and order dated 13/03/2012 in CRLMP No.309/2010, ofThe HIGH COURT OF CHHATTISGARH AT BILASPUR)PRADEEP GUPTA Petitioner(s) VERSUSSTATE OF CHHATTISGRH AND ANR Respondent(s)(With appln(s) for stay and office report)Date: 04/03/2014 This Petition was called on for hearing today.CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE RANJAN GOGOI HON'BLE MR. JUSTICE N.V. RAMANAFor Petitioner(s) Mr. Vikrant Singh Bais, AORFor Respondent(s) UPON hearing counsel the Court made the following O R D E R Leave granted. The appeal is allowed in terms of the signed order.|(Chetan Kumar) | |(Savita Sainani) ||Court Master | |Assistant Registrar | (Signed order is placed on the file)
øITEM NO.60 COURT NO.3 SECTION IIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Crl) No(s).2424/2012(From the judgement and order dated 13/03/2012 in CRLMP No.309/2010, ofThe HIGH COURT OF CHHATTISGARH AT BILASPUR)PRADEEP GUPTA Petitioner(s) VERSUSSTATE OF CHHATTISGRH AND ANR Respondent(s)(With appln. for stay and office report)Date: 29/10/2012 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE P. SATHASIVAM HON'BLE MR. JUSTICE RANJAN GOGOIFor Petitioner(s) Mr. Vikrant Singh Bais,Adv. Mr.Yogesh Tiwari, Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R Post for final disposal. [ Usha Bhardwaj ] [ Savita Sainani ] Court Master Court Master
2ITEM NO.49 REGISTRAR COURT.2 SECTION IIA 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 SUNIL THOMASPetition(s) for Special Leave to Appeal (Crl) No(s).2424/2012PRADEEP GUPTA Petitioner(s) VERSUSSTATE OF CHHATTISGRH AND ANR Respondent(s)(With appln(s) for stay and office report ))Date: 31/07/2012 This Petition was called on for hearing today.For Petitioner(s) Mr.Yogesh Tiwari,adv. Mr. Vikrant Singh Bais,Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R Both the respondents have been served. Acknowledgment card is received. No appearance for them. Hence, place the matter before the Hon'ble Court as per rules.| | |(Sunil Thomas) || | |Registrar |SB
ITEM NO.104 REGISTRAR COURT.2 SECTION IIA 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 SUNIL THOMASPetition(s) for Special Leave to Appeal (Crl) No(s).2424/2012PRADEEP GUPTA Petitioner(s) VERSUSSTATE OF CHHATTISGRH AND ANR Respondent(s)(With appln(s) for stay and office report ))Date: 11/05/2012 This Petition was called on for hearing today.For Petitioner(s) Mr. Vikrant Singh Bais,Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R Await return of notice of respondent No. 1 and 2. List the matter on 31.7.2012. (SUNIL THOMAS)s Registrar
BITEM NO.MM-5B COURT NO.5 SECTION IIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Crl) No(s).2424/2012(From the judgement and order dated 13/03/2012 in CRLMP No.309/2010of The HIGH COURT OF CHATTISGARH AT BILASPUR)PRADEEP GUPTA Petitioner(s) VERSUSSTATE OF CHHATTISGARH AND ANR Respondent(s)(With appln(s) for ex-Parte stay,exemption from filing O.T.)Date: 29/03/2012 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE P. SATHASIVAM HON'BLE DR. JUSTICE B.S. CHAUHANFor Petitioner(s) Mr. Sanjay Hegde,Adv. Mr. Vikrant Singh Bais,Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R Taken on Board. Exemption from filing OT is allowed. Issue notice. In the meantime, there shall be stay of operation of the impugned order of the High Court. [Madhu Bala] [Savita Sainani] Sr.PA Court Master
BITEM NO.MM-5B COURT NO.5 SECTION IIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Crl) No(s).2424/2012(From the judgement and order dated 13/03/2012 in CRLMP No.309/2010of The HIGH COURT OF CHATTISGARH AT BILASPUR)PRADEEP GUPTA Petitioner(s) VERSUSSTATE OF CHHATTISGARH AND ANR Respondent(s)(With appln(s) for ex-Parte stay,exemption from filing O.T.)Date: 29/03/2012 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE P. SATHASIVAM HON'BLE DR. JUSTICE B.S. CHAUHANFor Petitioner(s) Mr. Sanjay Hegde,Adv. Mr. Vikrant Singh Bais,Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R Taken on Board. Exemption from filing OT is allowed. Issue notice. In the meantime, there shall be stay of operation of the impugned order of the High Court. [Madhu Bala] [Savita Sainani] Sr.PA Court Master