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SANJAY TAPRIYA v. CENTRAL BUREAU OF INVESTIGATION

Supreme Court of India | Diary 10249/2023

Status

ROP - of Main Case

Decided On

09-08-2023

Bench

HON'BLE MR. JUSTICE ANIRUDDHA BOSE, HON'BLE MR. JUSTICE SANJAY KUMAR and HON'BLE MR. JUSTICE S.V.N. BHATTI

Petitioner

SANJAY TAPRIYA

Respondent

CENTRAL BUREAU OF INVESTIGATION

Primary Holding

Where investigation is complete and the accused has cooperated for five years without evading the investigating agency, custodial interrogation serves no purpose and anticipatory bail under Section 438 CrPC may be granted with conditions of periodic reporting.

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Full Judgment Text

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO(S). OF 2023 (Arising from SLP(Crl.)No(s). 3817/2023) SANJAY TAPRIYA APPELLANT(S) VERSUS CENTRAL BUREAU OF INVESTIGATION RESPONDENT(S) O R D E R Leave granted. The appellant’s plea for anticipatory bail in connection with a complaint against him of mass scale cheating of farmers, has been rejected by the High Court by the impugned order dated 06.02.2023. The FIR in that regard was registered on 22.02.2018 and the crime is being investigated by the Central Bureau of Investigation (hereinafter for short ‘the CBI). While we accept that the allegations against the appellant are serious, we will have to consider that for five years he has not been taken into custody and there is no allegation of avoiding the investigating agency or otherwise disrupting the investigation. On behalf of the CBI it is submitted that investigation is complete and the matter has been sent for sanction to the appropriate authority. In such circumstances, we do not think custodial interrogation of the appellant at this stage would serve any purpose. We, accordingly, set aside the impugned order and direct that in the event the appellant is arrested in connection with the FIR bearing No.RCBD1/2018/E/0002 dated 22.02.2018 registered with the CBI, BS&FC, New Delhi, he shall be released on bail by the Special Court on such terms the Special Court may consider fit and proper. But

the conditions for release of the appellant on bail shall include a direction that twice a week he shall report to the Investigating Officer of the CBI and shall continue to participate in the proceeding ensuing from such investigation. The Investigating Officer shall alert him 48 hours in advance the day and the place where the appellant shall report in pursuance of this order. The appeal is allowed in the above terms. Pending application(s), if any, shall stand disposed of. ...................J. [ ANIRUDDHA BOSE ] ...................J. [ SANJAY KUMAR ] ...................J. [ S.V.N. BHATTI ] New Delhi; August 09, 2023.

ITEM NO.10 COURT NO.3 SECTION II 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). 3817/2023 (Arising out of impugned final judgment and order dated 06-02-2023 in CRMABA u/s 438 CR.P.C.No. 108/2021 passed by the High Court Of Judicature At Allahabad) SANJAY TAPRIYA PETITIONER(S) VERSUS CENTRAL BUREAU OF INVESTIGATION RESPONDENT(S) (FOR ADMISSION and I.R. and IA No.59739/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT ) Date : 09-08-2023 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ANIRUDDHA BOSE HON'BLE MR. JUSTICE SANJAY KUMAR HON'BLE MR. JUSTICE S.V.N. BHATTI For Petitioner(s) Mr. Siddharth Luthra, Sr. Adv. Mr. Manish Gupta, Adv. Mr. Neelmani Guha, Adv. Ms. Harshal Gupta, Adv. Ms. Deepti Verma, Adv. Mr. Sanjay Mangal, Adv. Mr. Prateek Gupta, Adv. Mr. Arpit Shukla, AOR For Respondent(s) Mr. K M Nataraj, A.S.G. Mr. Anmol Chandan, Adv. Mrs. Alabhya Dhamija, Adv. Mr. Siddharth Dhrmadhikari, Adv. Mr. Pratyush Srivastva, Adv. Mr. Arvind Kumar Sharma, AOR UPON hearing the counsel the Court made the following O R D E R Leave granted. The appeal is allowed and appellant has granted anticipatory bail in terms of the signed order, which is placed on the file. Pending application(s), if any, shall stand disposed of. (NIRMALA NEGI) (VIDYA NEGI) COURT MASTER (SH) ASSISTANT REGISTRAR

ITEM NO.2 COURT NO.6 SECTION II 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). 3817/2023 (Arising out of impugned final judgment and order dated 06-02-2023 in CRMABA No. 108/2021 passed by the High Court Of Judicature At Allahabad) SANJAY TAPRIYA Petitioner(s) VERSUS CENTRAL BUREAU OF INVESTIGATION Respondent(s) (FOR ADMISSION and I.R. and IA No.59739/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT ) Date : 07-07-2023 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE ANIRUDDHA BOSE HON'BLE MR. JUSTICE SANJAY KUMAR For Petitioner(s) Mr. Siddharth Luthra, Sr. Adv. Mr. Manish Gupta, Adv. Mr. Neelmani Guha, Adv. Ms. Harshal Gupta, Adv. Mr. Sanjay Mangal, Adv. Mr. Prateek Gupta, Adv. Mr. Akshat Kumar, Adv. Mr. Kushagra Raghuvanshi, Adv. Mr. Karanvir Gogia, Adv. Mr. Arpit Shukla, AOR For Respondent(s) Mr. K M Nataraj, A.S.G. Mr. Anmol Chandan, Adv. Mr. Siddharth Dharamadhikari, Adv. Mr. Alabhaya Dhamija, Adv. Mr. Arvind Kumar Sharma, AOR UPON hearing the counsel the Court made the following O R D E R Let the Central Bureau of Investigation shall file counter affidavit within three weeks. Rejoinder affidavit thereto if any, within one week thereafter. List after four weeks. The interim order shall be extended till the next date of hearing. (NIRMALA NEGI) (VIDYA NEGI) COURT MASTER (SH) ASSISTANT REGISTRAR

ITEM NO.5 COURT NO.5 SECTION II 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).3817/2023 (Arising out of impugned final judgment and order dated 06-02-2023 in CRMABA No.108/2021 passed by the High Court Of Judicature At Allahabad) SANJAY TAPRIYA Petitioner(s) VERSUS CENTRAL BUREAU OF INVESTIGATION Respondent(s) (FOR ADMISSION and I.R. and IA No.59739/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT ) Date : 11-05-2023 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE DINESH MAHESHWARI HON'BLE MR. JUSTICE SANJAY KUMAR For Petitioner(s) Mr. Sidharth Luthra, Sr. Adv. Mr. Manish Gupta, Adv. Mr. Neelmani Guha, Adv. Ms. Harshal Gupta, Adv. Ms. Rajni Gupta, Adv. Mr. Prateek Gupta, Adv. Mr. Aryank Panchal, Adv. Mr. Sanjay Mangal, Adv. Mr. Arpit Shukla, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Issue notice, returnable in two weeks. Dasti service, in addition to ordinary process is permitted. In the meanwhile and until further orders, no coercive steps shall be taken against the petitioner. (ARJUN BISHT) (MATHEW ABRAHAM) COURT MASTER (SH) COURT MASTER (NSH)

ITEM NO.21 COURT NO.6 SECTION II 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).3817/2023 (Arising out of impugned final judgment and order dated 06-02-2023 in CRMABA No.108/2021 passed by the High Court Of Judicature At Allahabad) SANJAY TAPRIYA Petitioner(s) VERSUS CENTRAL BUREAU OF INVESTIGATION Respondent(s) (FOR ADMISSION and I.R. and IA No.59739/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Date : 29-03-2023 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE DINESH MAHESHWARI HON'BLE MR. JUSTICE SANJAY KUMAR For Petitioner(s) Mr. Manish Gupta, Adv. Mr. Neelmani Guha, Adv. Ms. Harshal Gupta, Adv. Mr. Aryank Panchal, Adv. Mr. Sanjay Mangal, Adv. Mr. Prateek Gupta, Adv. Mr. Arpit Shukla, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R In view of the letter circulated by learned counsel for the petitioner, matter stands adjourned for one week. (ARJUN BISHT) (RAVINDER KUMAR) COURT MASTER (SH) COURT MASTER (NSH)

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