Supreme Court allowed criminal appeals and granted bail to appellants in cheating cases citing their cooperation with investigation, setting aside High Court orders refusing pre-arrest and anticipatory bail.
Appellants enlarged on bail subject to terms fixed by concerned court; previous orders refusing bail set aside.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO(s).../2022 Arising out of SLP(Criminal) Nos. 7323-7324/2021
SUNITA DEVI & ANR. Appellant(s)
THE STATE OF HARYANA Respondent(s)
O R D E R
Leave granted.
Heard learned counsel appearing for the parties.
It is submitted on behalf of the appellants that both of them have joined investigation.
Learned counsel for the State also does not dispute this.
The offences alleged against the appellants primarily relate to cheating in connection with certain land related transactions.
In such circumstances, in our opinion, in the event the appellants cooperate with the Investigating Agency, custodial interrogation would not be necessary at this stage.
We, accordingly, set aside the judgment of the High Court refusing pre-arrest bail to the appellants and the subsequent
Signature Not Verified Digitally signed by order passed declining appellants’ plea for recalling the Jatinder Kaur Date: 2022.12.03 13:35:38 IST Reason: order of dismissal of their petition for anticipatory bail.
Let the appellants be enlarged on bail in the event of
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their arrest, on such terms the concerned court may consider fit and proper.
We are passing this order having regard to the fact that the appellants have joined the investigation and at this stage, there is no allegation as regards their participation in investigation.
In the event the appellants refuse to cooperate with the investigating agency at any subsequent stage, it shall be open to the State to apply for cancellation of the bail before the Trial Court.
The appeals are allowed in the above terms. Pending application(s), if any, shall also stand disposed of.
…………………………………………….J. [ANIRUDDHA BOSE]
…………………………………………….J. [SUDHANSHU DHULIA]
New Delhi. December 02, 2022.
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ITEM NO.12 COURT NO.12 SECTION II-B
S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS
Special Leave to Appeal (Crl.) No(s). 7323-7324/2021
(Arising out of impugned final judgment and order dated 01-07-2021 in CRM-M No. 51648/2019 17-09-2021 in CRM No. 29904/2021 passed by the High Court Of Punjab & Haryana At Chandigarh)
SUNITA DEVI & ANR. Petitioner(s)
THE STATE OF HARYANA Respondent(s) IA No. 122817/2021 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT
Date : 02-12-2022 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE ANIRUDDHA BOSE HON'BLE MR. JUSTICE SUDHANSHU DHULIA
For Petitioner(s) Mr. Harish Goyal, Adv. Mr. Dinesh Verma, Adv. Mr. Subhasish Bhowmick, AOR For Respondent(s) Mr. Anil Kaushik, Adv. Mr. Rajat Rana, Adv. Ms. Anju Kaushik, Adv. Mr. Samar Vijay Singh, AOR Ms. Amrita Verma, Adv.
UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appellants be enlarged on bail in the event of their arrest, on such terms the concerned court may consider fit and proper.
The appeals are allowed in terms of the signed order. Pending application(s), if any, shall also stand disposed of.
(JATINDER KAUR) (RENU BALA GAMBHIR) SENIOR PERSONAL ASSISTANT COURT MASTER (NSH) [Signed order is placed on the file]
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2 issues framed by the court
Whether pre-arrest bail can be granted where appellants cooperate with investigation in cheating cases.
Whether anticipatory bail application should be allowed after rejection by High Court.
Sunita Devi & Anr.
The State of Haryana
Aniruddha Bose
Sudhanshu Dhulia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
