IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1163 OF 2022 (Arising out of S.L.P.(Crl.) No. 3610 of 2022) SANDEEP KUMAR PANDEY .....Appellant(s) Vs. KAMLA SHANKER PANDEY & ANR. .....Respondent(s) O R D E R Permission to file Special Leave Petition is granted. Leave granted. Having heard learned counsel for the parties and having perused the material placed on record, we have formed the opinion that the impugned order dated 29.03.2022, whereby the High Court accepted the third bail application moved by the respondent No. 1, who is facing trial in Case Crime No. 322 of 2013 for the offences under Sections 147, 148, 149, 302 and 34 IPC; and has granted bail to him essentially with reference to the “reformative theory of punishment, and larger mandate of Article 21 of the Constitution of India” as also with reference to the decision of this Court in the case of Dataram Singh v. State of U.P. and Another, reported in (2018) 2 SCC 22, to say the least, does not reflect consideration of the relevant features of the case and relevant parameters for grant or refusal of bail during the pendency of trial. In the given set of facts and circumstances of the case, without expressing any opinion on merits, we are clearly of the 1
view that the bail application so moved by respondent No. 1 deserves afresh consideration by the High Court. Accordingly and in view of the above, this appeal is allowed; the impugned order dated 29.03.2022 is set aside; and Criminal Miscellaneous Bail Application No. 41734 of 2021 is restored for reconsideration of the High Court. The parties through their respective counsel shall stand at notice to appear before the High Court on the restored bail application on 06.09.2022. All pending applications stand disposed of. ...................J. (DINESH MAHESHWARI) ....................J. (SUDHANSHU DHULIA) New Delhi; August 05, 2022. 2
ITEM NO.19 COURT NO.12 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 for Special Leave to Appeal (Crl.) No. 3610/2022 (Arising out of impugned final judgment and order dated 29-03-2022 in CRMBA No. 41734/2021 passed by the High Court of Judicature at Allahabad) SANDEEP KUMAR PANDEY Petitioner(s) VERSUS KAMLA SHANKER PANDEY & ANR. Respondent(s) (FOR ADMISSION and I.R. and IA No.52502/2022-EXEMPTION FROM FILING O.T. and IA No.52499/2022-PERMISSION TO FILE PETITION (SLP/TP/WP/..) and IA No.52501/2022-PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES ) Date : 05-08-2022 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE DINESH MAHESHWARI HON'BLE MR. JUSTICE SUDHANSHU DHULIA For Petitioner(s) Mr. Arvind Kumar Shukla, Adv. Ms. Reetu Sharma, AOR Ms. Neena Shukla, Adv. Mr. Vaasu Chaudhary, Adv. Mr. Tushaar Swamy, Adv. Mr. Amit Kumar, Adv. Mr. Shantanu Shukla, Adv. Ms. Anu Singhla, Adv. For Respondent(s) Mr. V.K. Shukla, Sr. Adv. Mr. Shailendra Mani Tripathi, Adv. Mr. Abhishek Jaiswal, Adv. Mr. Abhigya Kushwah, AOR Mr. Vinod Dimatrar, AAG Mr. Adarsh Upadhyay, AOR Ms. Shakshi Kakkar, Adv. Mr. Aman Pathak, Adv. 3
Mr. B.N. Dubey, Adv. UPON hearing the counsel the Court made the following O R D E R Permission to file Special Leave Petition is granted. Leave granted. The appeal is allowed in terms of signed order. All pending applications stand disposed of. (NEETA SAPRA) (RANJANA SHAILEY) COURT MASTER (SH) COURT MASTER (NSH) (Signed order is placed on the file) 4
1 ITEM NO.5 COURT NO.14 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 for Special Leave to Appeal (Crl.) No. 3610/2022 (Arising out of impugned final judgment and order dated 29-03-2022 in CRMBA No. 41734/2021 passed by the High Court of Judicature at Allahabad) SANDEEP KUMAR PANDEY Petitioner(s) VERSUS KAMLA SHANKER PANDEY & ANR. Respondent(s) (FOR ADMISSION and I.R. and IA No.52502/2022-EXEMPTION FROM FILING O.T. and IA No.52499/2022-PERMISSION TO FILE PETITION (SLP/TP/WP/..) and IA No.52501/2022-PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES ) Date : 19-04-2022 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE DINESH MAHESHWARI HON'BLE MR. JUSTICE ANIRUDDHA BOSE For Petitioner(s) Mr. Arvind Kumar Shukla, Adv. Ms. Reetu Sharma, AOR Ms. N. Shukla, Adv. Mr. Amit Kumar, Adv. Ms. Anu Singhla, Adv. Mr. Shantanu Shukla, Adv. Mr. Tushaar Swamy, Adv. Ms. Prachi, Adv. For Respondent(s) Mr. Shailendra Mani Tripathi, Adv. Mr. Abhigya Kushwah, AOR Mr. Adarsh Upadhyay, AOR Mr. Vikas Chaudhary, Adv. Mr. Pranjal Sharma, Adv. UPON hearing the counsel the Court made the following O R D E R List this matter after one week, as prayed by the learned counsel for the State.
2 Interim direction of the order dated 11.04.2022 shall continue until the next date. (SHRADDHA MISRHA) (RANJANA SHAILEY) SENIOR PERSONAL ASSISTANT COURT MASTER (NSH)
SLP (Crl.) Dy. No. 10295/2022 ITEM NO.13 COURT NO.14 SECTION II 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. 10295/2022 (Arising out of impugned final judgment and order dated 29-03-2022 in CRMBA No. 41734/2021 passed by the High Court of Judicature at Allahabad) SANDEEP KUMAR PANDEY Petitioner(s) VERSUS KAMLA SHANKER PANDEY & ANR. Respondent(s) (FOR ADMISSION and I.R. and IA No.52502/2022-EXEMPTION FROM FILING O.T. and IA No.52499/2022-PERMISSION TO FILE PETITION (SLP/TP/WP/..) and IA No.52501/2022-PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES ) Date : 12-04-2022 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE DINESH MAHESHWARI HON'BLE MR. JUSTICE ANIRUDDHA BOSE For Petitioner(s) Mr. Arvind Kumar Shukla, Adv. Ms. Reetu Sharma, AOR Mr. Nihal Ahmad, Adv. Mr. Amit Kumar, Adv. Mr. Vasu Chaudhary, Adv. Mr. Tushar Swami, Adv. Ms. Anu Singla, Adv. Ms. Prachi Goyal, Adv. Mr. Shantam Dhukla, Adv. For Respondent(s) Sh. V.K. Shukla, Sr. Adv. Sh. Shailendra Mani Tripathi, Adv. Ms. Anubha Attrey, Adv. Mr. Abhigya Kushwah, AOR UPON hearing the counsel the Court made the following O R D E R Permission to file special leave petition granted. Issue notice. Mr. V.K. Shukla, learned senior counsel with Mr. Abhigya Kushwah appear for the respondent No. 1. 1
SLP (Crl.) Dy. No. 10295/2022 Service in relation to respondent No. 2 may be effected through the standing counsel. List this matter on 19.04.2022. Interim directions of the order dated 11.04.2022 shall continue until the next date. (NEETA SAPRA) (RANJANA SHAILEY) COURT MASTER (SH) COURT MASTER (NSH) 2
1 ITEM NO.19 COURT NO.14 SECTION II 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. 10295/2022 (Arising out of impugned final judgment and order dated 29-03-2022 in CRMBA No. 41734/2021 passed by the High Court of Judicature at Allahabad) SANDEEP KUMAR PANDEY Petitioner(s) VERSUS KAMLA SHANKER PANDEY & ANR. Respondent(s) (FOR ADMISSION and I.R. and IA No.52502/2022-EXEMPTION FROM FILING O.T. and IA No.52499/2022-PERMISSION TO FILE PETITION (SLP/TP/WP/..) and IA No.52501/2022-PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES ) Date : 11-04-2022 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE DINESH MAHESHWARI HON'BLE MR. JUSTICE ANIRUDDHA BOSE For Petitioner(s) Mr. Arvind Kumar Shukla, Adv. Ms. Reetu Sharma, AOR Mr. Vasu Chaudhary, Adv. Ms. Anu Singla, Adv. Mr. Nishal Ahmad, Adv. Mrs. Neena Shukla, Adv. For Respondent(s) Mr. V.K. Shukla, Sr. Adv. Mr. Shailendra Mani Tripathi, Adv. Ms. Anubha Attrey, Adv. Mr. Abhigya Kushwah, AOR UPON hearing the counsel the Court made the following O R D E R Learned counsel for the petitioner submits that according to his instructions, the petitioner has not yet been released pursuant to the order impugned. Learned senior counsel appearing for the respondent No. 1 in caveat is granted time to complete his instructions. List this matter tomorrow i.e., on 12.04.2022.
2 If the respondent No. 1 has not been released until passing of this order (i.e. until 02:25 p.m. today), he shall not be released until the next order by this Court. (SHRADDHA MISHRA) (RANJANA SHAILEY) SENIOR PERSONAL ASSISTANT COURT MASTER (NSH)