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2025 Supreme(Online)(SC) 3756
SUPREME COURT OF INDIA
B.V. NAGARATHNA, SATISH CHANDRA SHARMA, JJ
BALJNDER SINGH ALIAS AMAN – Appellant
Versus
STATE OF PUNJAB & ANOTHER – Respondent
Special Leave to Appeal (Crl.) No. 1427/2025 | SLP(Crl) No. 1743/2025
For the Appellants/Petitioners: Mr. Dev Datt Kamat, Sr. Adv., Mr. Revanta Solanki, Adv., Mr. Hruday Bajentri, Adv., Mr. Lalit Singla, Adv., Mr. VPS Mithewal, Adv., Mr. Shivam Garg, Adv., Ms. Varsha Sharma, Adv., Mr. Raj Kishor Choudhary, AOR, Mr. Shakeel Ahmed, Adv., Ms. Lara Siddiqui, Adv., Ms. Pratibha Singh, Adv., Mr. Dhruv Kaushik, Adv., Mr. Sarfaraj Ahmed Siddiqui, Adv.
For the Respondents: Mr. Siddhant Sharma, AOR, Ms. Osheen Bhat, Adv., Mr. Aman Dwivedi, Adv., Mr. Karan Sharma, AOR, Mr. Pushpinder Singh, AOR, Ms. Anurag Rana, Adv., Mr. Dharmendar Singh, Adv., Mr. Harsh Wadhwani, Adv., Mr. Randeep Singh Rai, Sr. Adv., Mr. D. Bharat Kumar, Adv., Mr. Manoj Kumar, Adv., Mr. Aman Shukla, Adv., Mr. M. Chandrakanth Reddy, Adv., Ms. Mehak Sharma, Adv., Mr. Gopal Jha, AOR, Mr. Yash Gupta, Adv.
Custody orders need judicial scrutiny to ensure lawful application and are subject to restoration by higher courts if found improperly granted.
Headnote:The appeal arises from the judgment and order of the High Court of Punjab & Haryana. The Court assessed the legality of the High Court's order and determined that it warranted interference. The Court concluded that the order of the Sessions Court should be restored. Main issues included the question of bail and custody of the respondent-accused(s). The Court reasoned that the High Court's order was improper, thus allowing the appeal and setting aside the impugned judgment. The appeal is finally disposed of, allowing the restoration of the Sessions Court's order.
JUDGMENT
IA No. 20243/2025 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES)
WITH SLP(Crl) No. 1743/2025 (II-B)
(IA No. 21934/2025 - EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT
IA No. 21928/2025 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES)
Date : 16-05-2025 These matters were called on for hearing today.
CORAM : HON'BLE MRS. JUSTICE B.V. NAGARATHNA HON'BLE MR. JUSTICE SATISH CHANDRA SHARMA For Petitioner(s) Mr. Dev Datt Kamat, Sr. Adv.
Mr. Revanta Solanki, Adv. Mr. Hruday Bajentri, Adv.
Mr. Lalit Singla, Adv. Mr. VPS Mithewal, Adv.
Mr. Shivam Garg, Adv.
Ms. Varsha Sharma, Adv.
Mr. Lalit Singla, Adv.
Mr. Raj Kishor Choudhary, AOR Mr. Shakeel Ahmed, Adv. Ms. Lara Siddiqui, Adv.
Ms. Pratibha Singh, Adv.
Mr. Dhruv Kaushik, Adv.
Signature Not Verified Mr. Sarfaraj Ahmed Siddiqui, Adv.
Digitally signed by RADH A S HA RM A Mr. Vikram Patralekh, Adv.
Date: 2025.05.16 Reaso n:
For Respondent(s) Mr. Siddhant Sharma, AOR Ms. Osheen Bhat, Adv.
Mr. Aman Dwivedi, Adv.
Mr. Karan Sharma, AOR Mr. Pushpinder Singh, AOR Ms. Anurag Rana, Adv.
Mr. Dharmendar Singh, Adv.
Mr. Harsh Wadhwani, Adv.
Mr. Randeep Singh Rai, Sr. Adv.
Mr. D. Bharat Kumar, Adv.
Mr. Manoj Kumar, Adv. Mr. Aman Shukla, Adv.
Mr. M. Chandrakanth Reddy, Adv.
Ms. Mehak Sharma, Adv.
Mr. Gopal Jha, AOR Mr. Yash Gupta, Adv.
UPON hearing the counsel the Court made the following
O R D E R
The appeals are allowed and disposed of in terms of the signed judgment.
In view of the urgency in the matter, the operative portion of the judgment is released as under:
OPERATIVE PORTION OF THE JUDGMENT In the circumstances, we find that the order of the High Court calls for interference and, therefore, the same is set aside. Consequently, the order of the Sessions Court is restored.
Since the respondent-accused(s) have been on bail pursuant to the impugned order dated 14.11.2024, we direct that they shall surrender and the police shall take them into custody on 16.06.2025. In the meanwhile, the respondent- accused(s) shall deposit their passports at the Police Station, Nangal, District Rupnagar on or before 19.05.2025.
The appeals are allowed and disposed of in the aforesaid terms.
