Full Judgment Text
CrL.A. No. 2164 of 2010 @ SLP(Crl.) 1830 of 2008
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IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 2164 OF 2010
ARISING OUT OF SLP(CRL.) NO. 1830 OF 2008
ASHISH KHARE ..... APPELLANT
VERSUS
STATE OF M.P. ..... RESPONDENT
O R D E R
1. Leave granted.
2. This appeal is directed against the final order
st
dated 31 August, 2008, passed by the High Court of
Madhya Pradesh in Miscellaneous Criminal Case No. 299 of
2008 rejecting the appellant's prayer for grant of
anticipatory bail.
st
3. On 31 March, 2008, while issuing notice, we had
directed that the appellant shall not be arrested in
connection with Criminal Case No. 200 of 2007 of Kotwali
Police Station, Panna, Madhya Pradesh.
4. When the matter is taken up today, it is submitted
by Ms. Vibha Datta Makhija, learned Advocate, appearing
for the State of Madhya Pradesh, that the appellant has
not been co-operating in the investigation after the
aforesaid order was passed by this Court and for all
practical purposes he is not traceable and as a result the
CrL.A. No. 2164 of 2010 @ SLP(Crl.) 1830 of 2008
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investigation against him could not be concluded and
charge sheet is yet to be filed as far as he is concerned.
5. Having heard the learned counsel for the parties, we
direct the appellant Ashish Khare, to appear before the
st
Investigating Officer of this case on 1 December, 2010
at 11:00a.m. at the Kotwali Police Station, Panna, Madhya
Pradesh. Thereafter, he shall appear before the
Investigation Officer as and when called for.
6. If a charge sheet is filed against the appellant,
he shall surrender before the trial court forthwith and
apply for regular bail. Till then, the interim order as
passed by this Court will continue.
7. The appeal stands disposed of in the above terms.
.......................J
[ALTAMAS KABIR]
.......................J
[CYRIAC JOSEPH]
NEW DELHI
NOVEMBER 12, 2010.