Shakeel Haider vs. The State Of Haryana

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 1404 OF 2024 (Arising out of SLP(Crl.) No.10594/2023)

SHAKEEL HAIDER APPELLANT(S)

VERSUS

THE STATE OF HARYANA & ANR. RESPONDENT(S)

ORDER

Leave granted.

Heard learned counsel for the appellant, respondent-State and the complainant.

The offence alleged against the appellant has strong civil overtones. The incidents that led to the complaint of commission of alleged offences relate back to the years between 2006 and 2013. We do not think custodial interrogation of the appellant is necessary. There is no other aggravating factor either, justifying his detention at the investigation stage. We, accordingly, set aside the impugned order and direct that in the event of arrest of the appellant in connection with F.I.R. No. 40 dated 02.03.2021 registered with Police Station Mundkati, District-Palwal in the State of Haryana, he shall be released on bail on such conditions the Trial Court may consider proper. We also make it clear that the conditions

to be imposed by the Trial Court shall include the stipulations contained in Sub-section 2 of Section 438 of the Code of Criminal Procedure, 1973. The appellant shall furnish the documents or copies thereof which may be asked for by the prosecution in connection with the investigation in the event such documents are in his custody or possession.

In the event of any breach of the conditions the Trial Court may impose, it shall be open to the prosecution to apply for cancellation of bail before the Trial Court itself without any further reference to this Court.

The present appeal is allowed in the above terms.

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

…………………………………………………...J. [ANIRUDDHA BOSE]

…………………………………………………...J.

[SANJAY KUMAR]

NEW DELHI; MARCH 06, 2024. 2

ITEM NO.4 COURT NO.5 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 for Special Leave to Appeal (Crl.) No. 10594/2023

(Arising out of impugned final judgment and order dated 17-08-2023 in CRMM No. 29141/2021 passed by the High Court Of Punjab & Haryana At Chandigarh)

SHAKEEL HAIDER Petitioner(s)

VERSUS

THE STATE OF HARYANA & ANR. Respondent(s)

(MR. GAURAV SHARMA- COUNSEL FOR THE COMPLAINANT IA No. 171421/2023 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT; IA No. 203205/2023 - EXEMPTION FROM FILING O.T.; IA No. 203204/2023 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES and IA No. 173300/2023 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES)

Date : 06-03-2024 This matter was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE ANIRUDDHA BOSE HON'BLE MR. JUSTICE SANJAY KUMAR

	For Petitioner(s)	Mr. Sidharth Dave, Sr. Adv.<br>Ms. Malvika Kapila, AOR<br>Mr. Saifuddin Shams, Adv.<br>Ms. Tanwangi Shukla, Adv.<br>Ms. Shabnam Shams, Adv.<br>Mr. Anmol Kheta, Adv.<br>Mr. Anup Kumar Pandey, Adv.
	For Respondent(s)	Mr. Samar Vijay Singh, AOR<br>Mr. Keshav Mittal, Adv.<br>Ms. Sabarni Som, Adv.<br>Mr. Fateh Singh, Adv.
		Mr. Tarun Gupta, AOR<br>Ms. Geeta Luthra, Adv.<br>Mr. Sajan Shankar Prasad, Adv.<br>Ms. Radhika Pareva, Adv.<br>Ms. Ishita Aggarwal, Adv.<br>Mr. Rishabh Dahiya, Adv.<br>Mr. Gaurav Sharma, AOR

Mr. Paranjay Tripathi, Adv. Mr. Rajesh Raj, Adv. Ms. Ankita Dogra, Adv.

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

Leave granted.

The impugned order is set aside, the appeal is allowed and in the event of arrest of the appellant in connection with F.I.R. No. 40 dated 02.03.2021 registered with Police Station Mundkati, District-Palwal in the State of Haryana, he shall be released on bail in terms of the signed order which is placed on the file.

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

(SNEHA DAS) (VIDYA NEGI) SENIOR PERSONAL ASSISTANT ASSISTANT REGISTRAR