SUPREME COURT OF INDIA
(RECORD OF PROCEEDINGS)
ASHOK BHUSHAN, DEEPAK GUPTA, JJ.
RAJITRAM MOURYA – Petitioner(s)
VERSUS
STATE OF MADHYA PRADESH – Respondent(s)
Petition(s) for Special Leave to Appeal (Crl.) No(s)...../2017(D.No.14826/2017) (Arising out of judgment and order dated 06/12/2016 in M.Cr.C.No.17242/2016 passed by the High Court of Madhya Pradesh at Jabalpur)
Decided On : 06-06-2017
Anticipatory Bail - Special Leave Petition - The court granted liberty to the petitioner to make a fresh application for anticipatory bail before the High Court, mentioning all subsequent events, for the High Court to consider and take an appropriate fresh decision.
Fact of the Case:
The petitioner filed a special leave petition against the High Court's order declining to grant anticipatory bail.
Finding of the Court:
The court granted liberty to the petitioner to make a fresh application for anticipatory bail before the High Court, mentioning all subsequent events, for the High Court to consider and take an appropriate fresh decision.
Issues: The issue was whether the petitioner should be granted anticipatory bail based on subsequent events and payments made.
Ratio Decidendi: The court held that although no case was made out to interfere with the impugned order, the petitioner was granted liberty to make a fresh application for anticipatory bail before the High Court, mentioning all subsequent events, for the High Court to consider and take an appropriate fresh decision.
Final Decision: The special leave petition was disposed of with the granting of liberty to the petitioner to make a fresh application for anticipatory bail before the High Court.
ORDER
1. Heard learned counsel for the petitioner.
2. Delay condoned.
3. The instant special leave petition has been filed against the order dated 06.12.2016, passed by the High Court, declining to grant anticipatory bail to the petitioner.
4. Learned counsel for the petitioner has referred to an affidavit dated 03.04.2017, filed in proceedings under Section 482 Cr.P.C., and submits that consequent upon the filing of the said affidavit, regular payments have been made.
5. In view of the above, we are of the view that although no case is made out to interfere with the impugned order dated 06.12.2016 yet we grant liberty to the petitioner to make a fresh application for anticipatory bail before the High Court mentioning therein all subsequent events, and it is for the High Court to consider the same and take appropriate fresh decision in accordance with law.
6. The special leave petition stands disposed of in the above terms.
7. As a sequel to the above, pending interlocutory applications also stand disposed of.
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