Dayanand Paswan vs. The State Of Chhattisgarh

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. OF 2022 (@ SPECIAL LEAVE TO APPEAL (CRL.) NO. 5420 Of 2022)

DAYANAND PASWAN

$APPELLANT(S)$

RESPONDENT(S)

VERSUS

THE STATE OF CHHATTISGARH

ORDER

Leave granted.

Having regard to the averments made in the complaint/First Information Report, and the reasons and explanation given by the appellant that he had entered into an agreement to sell with the original owner dated 28.03.2018, and that the sale deed with Suresh Chandra Pandey relates to half portion of the said land, we are inclined to allow the present appeal.

Accordingly, we direct that in the event of the appellant being arrested, he shall be released on bail by the arresting officer on terms and conditions to be fixed by the trial Court. The appellant shall join and cooperate in the investigation and comply with the requirements/conditions of Section 438(2) of the Code of Criminal Procedure, 1973.

To cut short any controversy, we direct that the appellant $\overrightarrow{h}$ appear before the Investigating Officer by reporting in the Police Station Tarbahar, District Bilaspur, Madhya Pradesh at

$\mathbf{1}$

11.00 a.m. on 08.12.2022.

Recording the aforesaid, the impugned order is set aside and the appeal is allowed in the above terms.

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

……………………………………………………….J. (SANJIV KHANNA)

……………………………………………………….J. (M.M. SUNDRESH)

NEW DELHI; NOVEMBER 29, 2022. ps

ITEM NO.40 COURT NO.8 SECTION II-C

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.) No(s). 5420/2022

(Arising out of impugned final judgment and order dated 08-04-2022 in MCRCA No. 53/2022 passed by the High Court Of Chhatisgarh At Bilaspur)

DAYANAND PASWAN PETITIONER(S)

VERSUS

THE STATE OF CHHATTISGARH RESPONDENT(S)

(IA No. 81671/2022 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/ FACTS/ANNEXURES)

Date : 29-11-2022 This matter was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE M.M. SUNDRESH

For Petitioner(s)	Mr. Neeleshwar Pavani, Adv.<br>Mr. Divyanshu Bhandari, Adv.<br>Mr. Aneesh Sadhwani, Adv.<br>Mr. Brijesh Kumar Tamber, AOR
For Respondent(s)	Mr. Sourav Roy, Dy. A.G.<br>Mr. Mahesh Kumar, Standing Counsel<br>Mr. Kaushal Sharma, Adv.<br>Ms. Devika Khanna, Adv.

• Mr. V D Khanna, Adv.
• Mr. VMZ Chambers, AOR

UPON hearing the counsel the Court made the following O R D E R

Leave granted.

The appeal is allowed and the appellant is granted anticipatory bail in terms of the signed order

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

(POOJA SHARMA) (KAMLESH RAWAT) COURT MASTER (SH) COURT MASTER (NSH) (Signed order is placed on the file.)