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SANTOSH SINGH v. CHANDRABHAN SINGH YADAV

Supreme Court of India | Diary 10270/2019

Status

ROP - of Main Case

Decided On

03-02-2023

Bench

HON'BLE MR. JUSTICE M.R. SHAH and HON'BLE MR. JUSTICE C.T. RAVIKUMAR

Petitioner

SANTOSH SINGH

Respondent

CHANDRABHAN SINGH YADAV

Primary Holding

Bail cancellation by the High Court on account of subsequent complaints of witness intimidation cannot be sustained where, after the stay of such cancellation order, no fresh allegations of witness tampering or intimidation are established against the accused.

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Full Judgment Text

ITEM NO.2 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(s). 5477/2019 (Arising out of impugned final judgment and order dated 20-02-2019 in MCRC No. 47105/2018 passed by the High Court of M.P at Gwalior) SANTOSH SINGH Petitioner(s) VERSUS CHANDRABHAN SINGH YADAV Respondent(s) (IA No. 78320/2019 - EXEMPTION FROM FILING O.T.) Date : 03-02-2023 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE M.R. SHAH HON'BLE MR. JUSTICE C.T. RAVIKUMAR For Petitioner(s) Mr. Rajendra Sahu, Adv. Ms. Hema Sahu, Adv. Mr. Rishabh Sahu, Adv. Mr. C. L. Sahu, AOR For Respondent(s) Mr. Praveen Swarup, AOR (Not Present) UPON hearing the counsel the Court made the following O R D E R Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the High Court cancelling the bail in view of the subsequent two complaints of threatening the witnesses, the original accused has preferred the present Special Leave Petition. By order dated 19 .07.2019, while issuing notice this Court has directed that the order impugned shall not be given effect to if contd..

- 2 - the petitioner has yet not been taken under custody. It is reported that pursuant to the impugned order passed by the High Court, the petitioner was not taken under custody and, therefore, the petitioner is on bail pursuant to the protection granted by this Court. Though served, nobody has appeared on behalf of the respondent. Nothing is reported that after order dated 19.07.2019, the petitioner indulged into activities detrimental to the case of the prosecution. There are no allegations pointing out that after the impugned order, the petitioner has threatened any witnesses. In that view of the matter, order dated 19.07.2019 is made absolute with a condition that the petitioner shall not tamper with the evidence and/or threaten the witnesses and if it is found that the petitioner is trying to tamper with the evidence and/or threaten the witnesses, his bail may be cancelled after giving an opportunity to the petitioner. With this, the present Special Leave Petition stands disposed of. Pending application(s) shall stand disposed of. (NEETU SACHDEVA) (NISHA TRIPATHI) ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR

ITEM NO.1743 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). 5477/2019 SANTOSH SINGH Petitioner(s) VERSUS CHANDRABHAN SINGH YADAV & ANR. Respondent(s) Date : 21-10-2022 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE S. RAVINDRA BHAT [IN CHAMBER] For Petitioner(s) Mr. C. L. Sahu, AOR For Respondent(s) Mr. Praveen Swarup, AOR UPON hearing the counsel the Court made the following O R D E R Notice was issued on 19.07.2019. The show cause notice could not be served upon the 2nd Respondent, repeatedly. The last date on which the matter was listed before the Registrar was on 02.08.2022, when final opportunity was granted to the petitioner to take appropriate steps to serve unserved Respondent No.2. No steps have been taken till date. Accordingly, the special leave petition is dismissed as against unserved Respondent No.2. (Geeta Ahuja) (Beena Jolly) Astt. Registrar-Cum-PS Court Master

ITEM NO.20 REGISTRAR COURT. 1 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 BEFORE THE REGISTRAR SH. AVANI PAL SINGH Petition(s) for Special Leave to Appeal (Crl.) No(s). 5477/2019 SANTOSH SINGH Petitioner(s) VERSUS CHANDRABHAN SINGH YADAV & ANR. Respondent(s) Date : 02-08-2022 This petition was called on for hearing today. For Petitioner(s) Mr. C. L. Sahu, AOR For Respondent(s) Mr. Praveen Swarup, AOR Ms Payal Swarup, Adv. UPON hearing the counsel, the Court made the following O R D E R Respondent no.1 is duly represented and does not wish to file counter affidavit at this stage. Petitioner has not taken fresh steps and/or filed fresh particulars and/or filed affidavit of dasti service in respect of unserved respondent no.2 despite final opportunity having been granted in that regard; as such, Registry to process the matter for listing before the Hon'ble Judge in Chambers for necessary directions. AVANI PAL SINGH Registrar

ITEM NO.36 REGISTRAR COURT. 2 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 BEFORE THE REGISTRAR SH. RAJIV KALRA Petition(s) for Special Leave to Appeal (Crl.) No(s). 5477/2019 SANTOSH SINGH Petitioner(s) VERSUS CHANDRABHAN SINGH YADAV & ANR. Respondent(s) Date : 25 - 02 - 2020 This petition was called o n for hearing today. For Petitioner(s) Mr. C. L. Sahu, AOR Ms. Hema Sahu, Adv. Mr. Rajendra Sahu, Adv. For Respondent(s) Mr. Praveen Swarup, AOR Mr. Shishir Kumar Saxena, Adv. Mr. R. N. Pareek, Adv. UPON hearing the counsel the Court made the following O R D E R Vakalatnama has been filed in respect of the Respondent No. 1 and has already stated that he does not wi sh to file Counter Affidavit. Two weeks’ time, as a last chance is given to Ld. counsel for the petitioner to comply order dated 17.12.2019 of this Court in respect of respondent No. 2. List again on 17.04.2020. RAJIV KALRA Registrar pm

ITEM NO.54 REGISTRAR COURT. 2 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 BEFORE THE REGISTRAR SH. RAJIV KALRA Petition(s) for Special Leave to Appeal (Crl.) No(s). 5477/2019 SANTOSH SINGH Petitioner(s) VERSUS CHANDRABHAN SINGH YADAV & ANR. Respondent(s) Date : 17-12-2019 This petition was called on for hearing today. For Petitioner(s) Mr. C. L. Sahu, AOR Mr. R. Sahu, Adv. Mr. Rishabh Sahu, Adv. For Respondent(s) Mr. Praveen Swarup, AOR Mr. Shishir Kumar Saxena, Adv. Mr. R. N. Prateek, Adv. UPON hearing the counsel the Court made the following O R D E R Ld. counsel for the petitioner is directed to take fresh steps in respect of Respondent No. 2 within two weeks. Dasti, in addition is permitted. Service is not complete on Respondent No. 1. However, Mr. Shishir Kumar Saxena, Ld. Counsel, on behalf of Mr. Praveen Swarup, Ld. Advocate-on-Record undertakes to appear for Respondent No. 1. He seeks and is given one week time to file the vakalatnama. He further submits that he does not wish to file the Counter Affidavit on behalf of Respondent No. 1. List again on 25.02.2020. RAJIV KALRA Registrar pm

ITEM NO.33 REGISTRAR COURT. 2 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 BEFORE THE REGISTRAR SURINDER S. RATHI Petition(s) for Special Leave to Appeal (Crl.) No(s). 5477/2019 SANTOSH SINGH Petitioner(s) VERSUS CHANDRABHAN SINGH YADAV & ANR. Respondent(s) Date : 29-08-2019 This petition was called on for hearing today. For Petitioner(s) Ms. Hema Sahu,Adv. (Present) Mr. Rishabh Sahu,Adv. (Not Present) Mr. Rajendra,Adv.(Not Present) Mr. C. L. Sahu, AOR (Not Present) For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Await the return of the service of notice already issued to both the respondents. List again on 17.12.2019. SURINDER S. RATHI Registrar MG

ITEM NO.21 COURT NO.11 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).5477/2019 (Arising out of impugned final judgment and order dated 20-02-2019 in MCRC No.47105/2018 passed by the High Court Of M.P At Gwalior) SANTOSH SINGH Petitioner(s) VERSUS CHANDRABHAN SINGH YADAV & ANR. Respondent(s) (IA No.78320/2019 - EXEMPTION FROM FILING O.T.) Date : 19-07-2019 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ASHOK BHUSHAN HON'BLE MR. JUSTICE NAVIN SINHA For Petitioner(s) Ms. Hema Sahu, Adv. Mr. Rajendra Sahu, Adv. Mr. Rishabh Sahu, Adv. Mr. C. L. Sahu, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Issue notice. The order impugned shall not be given effect if the petitioner has not yet been taken under custody. (ARJUN BISHT) (RENU KAPOOR) COURT MASTER (SH) BRANCH OFFICER

ITEM NO.59 COURT NO.11 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).5477/2019 (Arising out of impugned final judgment and order dated 20-02-2019 in MCRC No.47105/2018 passed by the High Court Of M.P At Gwalior) SANTOSH SINGH Petitioner(s) VERSUS CHANDRABHAN SINGH YADAV & ANR. Respondent(s) (IA No.78320/2019 - EXEMPTION FROM FILING O.T.) Date : 12-07-2019 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ASHOK BHUSHAN HON'BLE MR. JUSTICE NAVIN SINHA For Petitioner(s) Mr. C. L. Sahu, AOR Ms. Hema Sahu, Adv. Mr. Rajendra Sahu, Adv. Mr. Rishabh Sahu, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Learned counsel for the petitioner seeks time to file additional documents with regard to orders on bail passed in Case Crime No.77/2015 as well as Crime No.522/2016. List on 19.07.2019. (ARJUN BISHT) (RENU KAPOOR) COURT MASTER (SH) BRANCH OFFICER

ITEM NO.9 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(s) for Special Leave to Appeal (Crl.) No(s).5477/2019 (Arising out of impugned final judgment and order dated 20-02-2019 in MCRC No.47105/2018 passed by the High Court Of M.P At Gwalior) SANTOSH SINGH Petitioner(s) VERSUS CHANDRABHAN SINGH YADAV & ANR. Respondent(s) (IA No. 78320/2019 - EXEMPTION FROM FILING O.T.) Date : 09-07-2019 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ASHOK BHUSHAN HON'BLE MR. JUSTICE NAVIN SINHA For Petitioner(s) Ms. Hema Sahu, Adv. Mr. Rishabh Sahu, Adv. Mr. Rajendra Sahu, Adv. Mr. C. L. Sahu, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R List on 12.07.2019. (ARJUN BISHT) (RENU KAPOOR) COURT MASTER (SH) BRANCH OFFICER

ITEM NO.21 REGISTRAR COURT. 2 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 BEFORE THE REGISTRAR SURINDER S. RATHI SPECIAL LEAVE PETITION (CRIMINAL) Diary No(s). 10270/2019 SANTOSH SINGH Petitioner(s) VERSUS CHANDRABHAN SINGH YADAV & ANR. Respondent(s) (FOR ADMISSION and IA No.78320/2019-EXEMPTION FROM FILING O.T. and IA No.78319/2019-CONDONATION OF DELAY IN REFILING ) Date : 01-07-2019 This petition was called on for hearing today. For Petitioner(s) Ms. Hema Sahu,Adv. Mr. Rajendra Sahu,Adv. Mr. Rishabh Sahu,Adv. Mr. C. L. Sahu, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Delay in refiling the petition is condoned. Registry to proceed further. SURINDER S. RATHI Registrar MG

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