PRABAL PRATAP SINGH YADAV vs REPUBLIC OF INDIA - 2024-01-10

O R D E R

1. Leave granted.

2. The Criminal Appeals are disposed of in terms of the Signed Order placed on the file.

3. Pending application(s), if any, shall stand disposed of.

(VIJAY KUMAR) (MATHEW ABRAHAM) COURT MASTER (SH) COURT MASTER (NSH)

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NOS.198-199 OF 2024

(Arising out of SLP (Crl.) Nos.11441-11442 of 2023 PRABAL PRATAP SINGH YADAV ...Appellant VERSUS REPUBLIC OF INDIA ...Respondent

O R D E R

1. Leave granted.

2. These appeals are directed against the order dated 04.01.2021 in BLAPL No.9441 of 2019 and final order dated 04.12.2021 in I.A. NO.55 of 2021 in BLAPL No.9441 of 2019 passed by the High Court of Orissa at Cuttack. In connection with F.I.R. No.RC/40/S/2014-Kol dated 05.06.2014 registered at Police Station CBI/SCB/SIT-Kol under Sections 420 and 120-B read with Section 34 and Sections 4, 5 and 6 of the Prize Chits and Money Circulations Schemes (Banning) Act, 1978, the appellant was arrested on 05.04.2018. He applied for bail before the High Court of Orissa and it was granted as per the impugned order dated 04.01.2021, but with certain conditions. It is contended that onerous conditions are imposed therender. It is seeking deletion of such conditions that the appellant approached this Court.

3. The conditions imposed as per order dated 04.01.2021 reads, thus:

“Thus, considering the period of detention of the petitioner inside custody and the amount misappropriated by him individually, it is directed to release the petitioner on bail for Rs.50,000/- with three sureties each for the like amount to the satisfaction of the learned court below in seisin over the matter with further, condition that one of such sureties shall be his relative and that, the petitioner shall furnish cash security of Rs.18,00,000/- (eighteen lakhs) in the form of bank deposit and shall also furnish property security free from all encumbrances and legal impediment worth of Rs.36,32,900/- and that, he shall not dissuade any witness directly or indirectly by way of inducement, threat or promise acquainted with the facts of the case from disclosing such facts before the court or temper with the evidence.”

4. Heard the learned counsel appearing for the appellant and also the Mr. Vikramjit Banerjee, the learned Additional Solicitor General appearing for the respondent.

5. During the course of arguments, the learned counsel for the appellant handed over a copy of the order passed by this Court in Criminal Appeal No.2060 of 2023 dated 21.07.2023 in respect of the co-accused of the appellant-herein, in the selfsame crime number. As per the said order, the application for bail of the co-accused was allowed. After a careful consideration of the entire aspects, we are of the view that the conditions viz., “that (i) one of such sureties shall be his relative, (ii) that, the petitioner shall furnish cash security of Rs.18,00,000/- (eighteen lakhs) in the form of bank deposit and (iii) that shall also furnish property security free from all encumbrances and legal impediment worth of Rs.36,32,900/-” shall be deleted while upholding the grant of Bail. Ordered accordingly. In the said circumstances, while maintaining the order granting bail to the appellant-herein, the condition that he should furnish surety for a sum of Rs.50,000/- with three sureties of the like sum is retained. Further conditions can be imposed by the Trial Court. However, we make it clear that there shall also be a condition that the appellant shall surrender his passport before the Trial Court, if not surrendered earlier. If he does not possess a passport, he shall file an affidavit in that regard before the Trial Court.

6. The Criminal Appeals are disposed of with such modifications, as above.

7. Pending application(s), if any, shall stand disposed of.

...........................J.

(C.T. RAVIKUMAR)

.........................J.

(RAJESH BINDAL)

NEW DELHI JANUARY 10, 2024.

ITEM NO.8 COURT NO.13 SECTION II-B S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) Nos.11441-11442/2023 (Arising out of impugned final judgment and order dated 04-01-2021 in BLAPL No. 9441/2019 04-12-2021 in IA No. 55/2021 passed by the High Court of Orissa at Cuttack)

PRABAL PRATAP SINGH YADAV Petitioner(s)

VERSUS REPUBLIC OF INDIA Respondent(s)

Date : 10-01-2024 These petitions were called on for hearing today.

CORAM : HON'BLE MR. JUSTICE C.T. RAVIKUMAR HON'BLE MR. JUSTICE RAJESH BINDAL For Petitioner(s) Mr. Rajendra Singhvi, Adv.

Ms. Arundhati Chakraborty, Adv.

Mr. T.R.B. Sivakumar, AOR For Respondent(s) Mr. Vikramjit Banerjee, Ld. A.S.G.

Mr. Mukesh Kumar Maroria, AOR Mr. Prashant Rawat, Adv.

Mr. Sarthak Karol, Adv.

Mr. Albhiya Dhamija, Adv.

Mr. Prasanjit Mahapatra, Adv.

Mr. Kritagya Kait, Adv.

UPON hearing the counsel the Court made the following

O R D E R

1. Leave granted.

2. The Criminal Appeals are disposed of in terms of the Signed Order placed on the file.

3. Pending application(s), if any, shall stand disposed of.

(VIJAY KUMAR) (MATHEW ABRAHAM) COURT MASTER (SH) COURT MASTER (NSH)