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SUPREME COURT OF INDIA
Uday Umesh Lalit, K.M. Joseph, JJ.
Ramgopal Gautam - Appellant
Versus
State Of Rajasthan & Anr. - Respondents
Criminal Appeal No. 95 of 2021 (Arising out of SLP (Crl.) 4166 of 2020)
Decided On : 01-02-2021
Indian Penal Code,1860 - Sections 420 and 406 - Punishment for criminal breach of trust - Cheating and dishonestly - Offences punishable - Challenges order - Notices were issued - In connection with Crime registered pursuant to FIR with P.S District City in respect of offences punishable under Sections 420 and 406 IPC appellant has been in custody since - Application for bail having been rejected by High Court this appeal has been preferred - Notices were issued to State and to Original Complainant where after matter is taken up for disposal.
Finding Of The Court :
Affidavit in reply filed on behalf of State indicates nature of transactions on basis of which concerned allegations were made against appellant - Considering record and length of custody of appellant in court view case for bail is made out – Court appeal set aside order passed by High Court and direct that appellant be produced before Trial Court within three days and Trial Court shall release appellant on bail subject to such conditions as Trial Court may deem appropriate to ensure presence and participation of appellant in pending proceedings.
Result : Appeal is allowed
ORDER
1. Leave granted.
2. This appeal challenges the order dated 20.12.2019 passed by the High Court of Judicature for Rajasthan Bench at Jaipur dismissing S.B. Criminal Miscellaneous 4 th Bail Application No. 16863/2019.
3. In connection with Crime registered pursuant to FIR No. 95/2017 dated 03.03.2017 with P.S. Anantpura, District Kota City in respect of offences punishable under Sections 420 and 406 IPC, the appellant has been in custody since 26.05.2018.
4. The application for bail having been rejected by the High Court, this appeal has been preferred.
5. Notices were issued to the State and to the Original Complainant, where after the matter is taken up for disposal.
6. The affidavit in reply filed on behalf of the State indicates the nature of transactions on the basis of which the concerned allegations were made against the appellant.
7. Considering the record and the length of custody of the appellant, in our view, case for bail is made out.
8. We therefore, allow this appeal, set aside the order passed by the High Court and direct that the appellant be produced before the Trial Court within three days; and the Trial Court shall release the appellant on bail subject to such conditions as the Trial Court may deem appropriate to ensure presence and participation of the appellant in the pending proceedings.
The appeal is allowed accordingly.
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