Please Log in / Register to access the full text of this judgment and the entire database
(2023) Law Today Live Doc. Id. 17465
Decided on: 10.01.2023
For Petitioner(s):
Mr. Kaushal Yadav, Adv. Mr. Nandlal Kumar Mishra, Adv. Mr. Shafik Ahmed, Adv. Mr. Arjun Raghuvanshi, Adv. Ms. Vandana Chauhan, Adv. Mr. Ram Kishor Singh Yadav, AOR Mr. Kamlesh Kumar Maurya, Adv.
For Respondent(s):
Mr. Garvesh Kabra, AOR Mr. Ankit Tiwari, Adv.
Indian Penal Code, 1860 (45 of 1860), Sections 420, 467, 468, 471, 120-B – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 – Anticipatory bail -- Cheating and forgery -- Charge sheet submitted against the appellant -- State did not bring any material to show that there is necessity of custodial interrogation of the appellant – Appeal allowed, direction given that in the event of the arrest of the appellant, he shall be released on bail.
(Para 1-5)
ORDER
1. Leave granted.
2. In this matter, allegations against the appellant relates to commission of offences punishable under Sections 420, 467, 468, 471 and Section 120-B of the Indian Penal Code. The prayer for anticipatory bail of the appellant was rejected by the High Court. Charge sheet has been submitted against the appellant.
3. Learned counsel for the State did not bring to our notice any material to show that there is necessity of custodial interrogation of the appellant.
4. In such circumstances, we set aside the impugned order and direct that in the event of the arrest of the appellant in the subject case, he shall be released on bail on such terms the concerned Trial Court may consider fit and proper.
5. The appeal is allowed in the above terms.
6. Pending application(s), if any, shall stand disposed of.
Appeal allowed.
********