IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NOS. 1711-1712 OF 2023
(Arising out of SLP(Crl.) Nos. 5838-5839 of 2023)
KARANDEEP SINGH APPELLANT(S)
VERSUS
CBI RESPONDENT(S)
O R D E R
Leave granted.
Heard learned counsel for the appellant and the learned
Additional Solicitor General appearing for the CBI in both the
appeals.
The appellant in these proceedings assails a part of the
order, comprising of conditions granting him bail. One of the
conditions imposed by the High Court is to the effect that the
appellant is required to furnish a Bank Guarantee to the tune of
Rs. two crores for being enlarged on bail. Both the orders
under appeal carry identical condition. There are certain other
conditions specified in the impugned order passed on 22 nd March,
2023 and 28th March, 2023 but the appellant has made out no
grievance as regards those conditions. The appellant’s argument
is that such a condition is onerous.
Signature Not Verified
Learned counsel for the appellant has relied on a judgment
Digitally signed by
Rajni Mukhi
Date: 2023.06.12
of a Co-ordinate Bench delivered in Criminal Appeal No. 1193 of
[Link] IST
Reason:
2023 (Makhijani Pushpak Harish [Link] State of Gujarat) in which
1
such a pre-condition of furnishing Bank Guarantee was held to be
unsustainable. In that judgment, reference was made to an
earlier decision of this Court in Criminal Appeal No. 186/2023
(Subhash Chouhan Vs. Union of India) delivered on 20.01.2023.
In the light of the legal position explained in the aforesaid
judgment of the co-ordinate Bench, we direct that the appellant
shall not be required to comply with condition (1) contained in
the orders of the High Court dated 22.03.2023 and 28.03.2023.
Instead of the requirement of furnishing Bank Guarantee, we
direct that the appellant shall furnish a bail bond for Rs. five
lakhs in each of the two orders for bail, under appeal before
us. Rest of the conditions contained in the orders impugned
shall remain and would have to be complied with by the appellant
for being enlarged on bail. The impugned orders dated
22.03.2023 and 28.03.2023 passed in Crl. Misc. Bail Application
Nos. 12980 of 2023 and 12562 of 2023 are modified to the above
extent.
The appeals stand disposed of in the above terms.
All connected applications shall also stand disposed of.
………………………………………………………………J.
[ANIRUDDHA BOSE]
…….……………………………………………….J.
[RAJESH BINDAL]
NEW DELHI;
JUNE 09, 2023
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ITEM NO.6 COURT NO.6 SECTION II
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petitions for Special Leave to Appeal (Crl.) Nos. 5838-5839/2023
(Arising out of impugned final judgment and order dated 22-03-2023
in CRMBA No. 12980/2023 and 28-03-2023 in CRMBA No. 12562/2023
passed by the High Court of Judicature at Allahabad)
KARANDEEP SINGH Petitioner(s)
VERSUS
CBI Respondent(s)
(FOR ADMISSION and I.R. )
Date : 09-06-2023 These petitions were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE ANIRUDDHA BOSE
HON'BLE MR. JUSTICE RAJESH BINDAL
For Petitioner(s) Mr. Sanjay Dewan, Adv.
Mr. Anish Dewan, Adv.
Ms. Manjeet Chawla, AOR
For Respondent(s) Mrs. Aishwarya Bhati, A.S.G.
Mr. Anukalp Jain, Adv.
Mr. P V Yogeshwaran, Adv.
Mr. Navanjay Mahapatra, Adv.
Mr. Arvind Kumar Sharma, AOR
UPON hearing the counsel the Court made the following
O R D E R
Leave granted.
The appeals stand disposed of in terms of signed order.
All connected applications shall also stand disposed of.
(RAJNI MUKHI) (VIDYA NEGI)
COURT MASTER (SH) ASSISTANT REGISTRAR
(Signed order is placed on the file)
