IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 753 OF 2022 (Arising out of S.L.P.(Crl.) No. 2335 of 2022)
SURAJ MOTILAL GUPTA .....Appellant(s)
Vs.
STATE OF MAHARASHTRA .....Respondent(s)
O R D E R
Leave granted.
Mr. Sachin Patil, learned counsel appearing for the
respondent-State submits on instructions that pursuant to the order
dated 25.04.2022, the appellant indeed appeared before the
Investigating Officer and supplied the necessary
particulars/information as were required.
So far as the missing co-accused is concerned, even the
appellant appears to be clueless of his whereabouts.
Taking the totality of the facts and circumstances into
account, in our view, the custodial investigation of the appellant
may not be requisite in this matter relating to the offences under
Sections 420,406 & 34 IPC and 3, 4, and 13 of the Maharashtra
Ownership of Flats(Regulation of the Promotion, Construction, Sale,
Management and Transfer) Act, 1963.
Accordingly, this appeal is allowed and, while setting aside
the impugned order dated 13.10.2021 qua the present appellant, it
is provided, in conformity with the terms of the pre-arrest bail to
the other accused (vide paragraph 5 of the order dated 13.10.2021),
1
that in the event of arrest of the appellant in Crime No. 234 of
2018 registered with CBD Belapur, Police Station, Navi Mumbai,
District Thane, he be released on bail on furnish...