Back
2024 Supreme(SC) 631
SUPREME COURT OF INDIA
BELA M. TRIVEDI, SATISH CHANDRA SHARMA, JJ.
Sanjeev Kumar Raman – Appellant
VERSUS
State of Bihar – Respondent
Criminal Appeal No. 3142 of 2024 (Arsing out of SLP (Crl.) No 4459 of 2024)
Decided On : 29-07-2024
For the Petitioner(s): Mr. Parameshwar K, Adv. Mr. Monu Kumar, Adv. Mr. Ayush Anand, AOR Mr. Sarthak Karol, Adv. Mr. Shubhendu Anand, Adv. Mr. Siddharth Nayak, Adv.
For the Respondent(s): Mr. Azmat Hayat Amanullah, AOR Ms. Rebecca Mishra, Adv. Ms. Onima Sharma, Adv. Mr. Shivam Khanna, Adv. Mr. Ashish Mishra, Adv. Ms. Tanvi Gupta, Adv. Mr. Adnan Saifi, Adv. Mr. Vivek Tyagi, Adv. Mr. Yogesh Gupta, Adv. Mr. Pradeep Balagopal, Adv. Mr. Mithun Barsley, Adv. Mr. Ashish Mittal, Adv.
IMPORTANT POINT
Anticipatory bail can be granted on the ground of parity.
Headnote:
Criminal Procedure Code, 1973 – Section 438 [Bharatiya Nagarik Suraksha Sanhita, 2023 – Section 482] – Anticipatory Bail – Grant of – Parity – Appellant had got appointment as Panchayat Teacher by producing forged and fabricated certificates and mark sheets – Appellant was granted opportunity to resign from the service but he did not resign, ultimately, his services were terminated – Teachers similarly situated have already been released on bail by High Court – Court inclined to accept prayer of appellant – Anticipatory bail granted. (Paras 3, 4, 5 and 6)
Facts of the case:
Appellant has preferred this appeal against order dated 18.01.2024 passed by High Court of Judicature at Patna in Criminal Misc. No. 78970/2023 by which High Court had dismissed application seeking anticipatory Bail.
Findings of Court:
In the event of arrest of appellant he shall be released on bail subject to terms and conditions that may be imposed by Trial Court.
Result : Appeal allowed with observations.
ORDER
1. Leave granted.
2. The appellant has preferred this appeal against the order dated 18.01.2024 passed by the High Court of Judicature at Patna in Criminal Misc. No. 78970/2023 by which the High Court had dismissed the said application seeking anticipatory bail in connection with FIR No. 223 of 2023 registered at Police Station at Pipara.
3. Learned counsel for the appellant submits that the appellant had got an appointment as Panchayat Teacher, however, his services were terminated on the ground of having produced forged and fabricated certificates and mark sheets of the Bihar Sanskrit Shiksha Board. He further submits that the teachers similarly situated have already been released on bail by the High Court.
4. Learned counsel for the respondent-State while not disputing the said submission submits that since the appellant was granted opportunity to resign from the service but he did not resign, ultimately, his services were terminated.
5 Having regard to the submissions made by learned counsel for the parties and in view of the fact that the similarly situated teachers have already been granted bail by the High Court, without expressing any opinion on the merits, we are inclined to accept the prayer of the appellant.
6. It is directed that in the event of arrest of the appellant in connection with F.I.R. No. 223 of 2023 registered at Pipara Police Station, East Champaran, Bihar, he shall be released on bail subject to the terms and conditions that may be imposed by the Trial Court.
7. With the above observations, the appeal stands allowed.
