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2022 Supreme(SC) 1842
SUPREME COURT OF INDIA
Sanjiv Khanna, M.M. Sundresh, JJ.
Aparna Purohit – Appellant
Versus
The State of Uttar Pradesh & Anr. – Respondents
Criminal Appeal No. 2235 of 2022 (@SLP (Crl.) No. 1983 of 2021)
Decided On : 09-12-2022
Mr. Mukul Rohatgi, Sr. Advocate, Mr. Sidharth Luthra, Sr. Advocate, Ms. Ruby Singh Ahuja, Advocate, Mr. Sai Krishna Rajagopal, Advocate, Mr. Siddharth Chopra, Advocate, Ms. Monica Datta, Advocate, Ms. Deepti Sarin, Advocate, Ms. Swikriti Singhania, Advocate, Mr. Ashutosh P. Shukla, Advocate, Mr. Vasu Singh, Advocate, Mr. Nitin Sharma, Advocate, Mr. Abhishek Qurbani, Advocate, M/S. Karanjawala & Co., Advocate, for the Appellant; Ms. Garima Prashad, Sr. Advocate, AAG, Ms. Ruchira Goel, Advocate, Mr. Adit Jayeshbhai Shah, Advocate, Mr. Akshat Kaushik, Advocate, for the Respondent.
The court confirmed the grant of anticipatory bail to the appellant based on her cooperation in the investigation and the provisions of Section 438 of the Code of Criminal Procedure, 1973.
Headnote:
Anticipatory Bail - Confirmation of Interim Order - Code of Criminal Procedure, 1973[Cr.P.C.]
Fact of the Case:
The appellant, Aparna Purohit, sought anticipatory bail and had been cooperating in the investigation. The court confirmed the interim order granting anticipatory bail to the appellant and directed her release on bail by the arresting officer/trial court with specified conditions.
Finding of the Court:
The court found that the appellant had been cooperating in the investigation and therefore confirmed the interim order granting anticipatory bail.
Issues:
Ratio Decidendi: The court's decision was influenced by the appellant's cooperation in the investigation and the provisions of Section 438 of the Code of Criminal Procedure, 1973, allowing for anticipatory bail with specified conditions.
Final Decision: The impugned order was set aside, and the appeal was allowed with the specified terms for the appellant's release on bail.
ORDER
1. Leave granted.
2. Learned senior counsel for the State of Uttar Pradesh fairly states that the appellant - Aparna Purohit has been cooperating in investigation and that the interim order granting anticipatory bail to the appellant - Aparna Purohit may be confirmed.
3. In view of the statement made, we confirm the interim order and direct that in the event of the appellant - Aparna Purohit being arrested, she shall be released on bail by the arresting officer/trial court on terms and conditions to be fixed by the trial court. While conditions stated in sub-section (2) to section 438 the Code of Criminal Procedure, 1973[Cr.P.C.] shall apply, the appellant - Aparna Purohit would be entitled to relaxation of condition (iii) in sub-section (2) of Section 438 of the Cr.P.C., with necessary stipulation to ensure her presence in the court when required.
4. Recording the aforesaid, the impugned order is set aside and the appeal is allowed in the above terms.
5. Pending application(s), if any, shall stand disposed of.
