VIJAY KHATRI vs THE STATE OF MADHYA PRADESH - 2024-01-02

O R D E R

1. Leave granted .

2. This appeal is filed against the order dated 07.08.2023 i n MCRC No.31018 of 2023 passed by the High Court of Madhya Prades h Principal Bench at Jabalpur. The application for anticipatory bai l filed by the appellant under Section 438 of the Criminal Procedur e Code, 1973 was rejected by the High Court thereunder .

3. Heard learned counsel appearing for the appellant, the learne d standing counsel appearing for the respondent-State of Madhy a Pradesh and also the learned counsel appearing for the intervenor .

4. On 18.09.2023, this Court while issuing notice granted interi m protection from arrest to the appellant. This Court ordered thus :

“Issue notice subject to the petitioner depositing hi s mobile phone with the I.O. within a week from today .

Notice be served through the standing counsel for th e State, in addition .

In the meanwhile, petitioner shall not be arrested. ”

5. Taking note of the arguments advanced before us by the partie s and the nature of the allegations in the F.I.R., we are of th e considered view that the order dated 18.09.2023 can be mad e absolute, subject to the appellant co-operating with th e investigation. Needless to say that it will also be subject to th e outcome of the investigation in F.I.R. No.238 of 2023 and in cas e of filing of charge-sheet, the outcome of the further proceeding s following thereafter .

5. The Criminal Appeal stands disposed of, as above .

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

........................,J .

(C.T. RAVIKUMAR )

........................,J .

(RAJESH BINDAL )

NEW DELHI ;

JANUARY 02, 2024 .

ITEM NO.11 COURT NO.13 SECTION II- A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDING S Petition(s) for Special Leave to Appeal (Crl.) No.11716/202 3 (Arising out of impugned final judgment and order dated 07-08-202 3 in MCRC No. 31018/2023 passed by the High Court of M.P. Principa l Seat at Jabalpur )

VIJAY KHATRI Petitioner(s )

VERSU S THE STATE OF MADHYA PRADESH Respondent(s )

(IA No. 188344/2023 - EXEMPTION FROM FILING C/C OF THE IMPUGNE D

JUDGMEN T

IA No. 188342/2023 - EXEMPTION FROM FILING O.T. )

Date : 02-01-2024 This matter was called on for hearing today .

CORAM : HON'BLE MR. JUSTICE C.T. RAVIKUMA R HON'BLE MR. JUSTICE RAJESH BINDA L For Petitioner(s) Mr. Gaurav Aggarwal, Adv .

Mr. Alok Tripathi, AO R Mr. Dhruv Varma, Adv .

For Respondent(s) Mrinal Gopal Elker, AO R Mr. Ashish Rawat, Adv .

Mr. Saurabh Singh, Adv .

Mr. Suyash Guru, Adv .

Mr. Vardhman Kaushik, AO R Mr. Nishant Gautam, Adv .

Mr. Dhruv Joshi, Adv .

Mr. Abhinav Singh, Adv .

Ms. Sanjana Mehrotra, Adv .

Mr. Ayush Singh, Adv .

UPON hearing the counsel the Court made the followin g

O R D E R

1. Leave granted .

2. The Criminal Appeal stands disposed of in terms of the Signe d 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 )