Full Judgment Text
1
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.358 OF 2022
(Arising out of SLP (Crl.) No.5960 of 2018)
DHEERAJ BHADVIYA Appellant
VERSUS
STATE OF RAJASTHAN & ANR. Respondents
O R D E R
Leave granted.
This appeal challenges the judgment and order dated 05.02.2018
passed by the High Court of Judicature for Rajasthan at Jodhpur in
S.B. Criminal Misc. Bail No.9433 of 2017.
Apprehending arrest in connection with crime registered
pursuant to First Information Report No.345/2017 dated 19.08.2017
lodged with Police Station Ambamata, District Udaipur, Rajasthan,
for the offence punishable under Section 306 IPC, the appellant
preferred an application for anticipatory bail in terms of Section
438 of the Code of Criminal Procedure, 1973. The application
having been rejected by the High Court, the present appeal has been
preferred.
While issuing notice vide order dated 13.08.2018, the interim
Signature Not Verified
relief of stay of arrest was granted to the appellant, which relief
Digitally signed by Dr.
Mukesh Nasa
Date: 2022.03.09
20:33:09 IST
Reason:
the appellant has enjoyed for the last 3½ years.
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Consequently, without making any reflection on merits of the
matter, we allow this appeal, set-aside the order passed by the
High Court, and direct as under:
a) In case the appellant is arrested in connection with
the aforesaid crime, the Arresting Officer shall
release the appellant on bail subject to his
furnishing cash security in the sum of Rs.50,000/-
(Rupees Fifty Thousand Only) with two like sureties.
b) The appellant shall extend complete co-operation in
the ensuing investigation and in order to facilitate
the investigation, the appellant shall present
himself before the Investigating Officer on
14.03.2022 at 11.00 a.m. and shall continue to
remain present from 11.00 a.m. to 5.00 p.m. during
the entire week.
With these observations, the appeal is allowed.
........................J.
(UDAY UMESH LALIT)
........................J.
(S. RAVINDRA BHAT)
New Delhi,
March 07, 2022.