Sukhda Dev vs State of Uttar Pradesh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(SC) 63

ABHAY S. OKA, UJJAL BHUYAN
Sukhda Dev – Appellant
Versus
State of Uttar Pradesh – Respondent

Advocates:
Advocate Appeared:
For the Petitioner: Mr. Kaushal Yadav, Adv., Mr. Ram Kishor Singh Yadav, AOR Mr. Nandlal Kumar Mishra, Adv., Mr. Abhishek Yadav, Adv., Mr. Arjun Raghuvanshi, Adv., Dr. Ajay Kumar, Adv., Ms. Manju Jetley, AOR
For the Respondent: Mr. Ardhendumauli Kumar Prasad, A.A.G. Mr. Vishnu Shankar Jain, AOR Mr. Yogender Pal Singh, Adv., Mr. Shashi Shekhar Kumar Prasad, Adv.

ORDER :

1. Heard the learned counsel appearing for the parties.

2. Leave granted.

3. For a considerably long time of about 30 years, the appellants have been protected from arrest. It is only in the light of the decision of this Court in the case of Asian Resurfacing of Road Agency Private Limited and Anr. vs. Central Bureau Of Investigation, (2018) 16 SCC 299 that the Trial Court proceeded on the footing that the stay stood vacated. In the facts of the case, at this stage, the State cannot insist on custody of the appellants.

4. Accordingly, the interim orders dated 8th November, 2023 and 4th January, 2024 passed by this Court in the present Appeals are made absolute on the same terms and conditions.

5. The Appeals are, accordingly, allowed.

Click Here to Read the rest of this document