Animesh Pandey vs. The State Of Chhattisgarh

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO.1320 OF 2024 (Arising out of S.L.P.(Crl.) No.245 of 2024)

ANIMESH PANDEY ... APPELLANT(S)

VS.

STATE OF CHHATTISGARH ... RESPONDENT(S)

O R D E R

Leave granted.

Heard the learned senior counsel appearing for the parties.

After having perused the evidence of the prosecutrix, we find that this is a case for grant of suspension of sentence and bail pending the substantive appeal preferred by the appellant before the High Court.

Accordingly, the impugned order dated 1st August, 2023 is set aside. The appeal is accordingly allowed. Hence, the appellant is entitled to the benefit of suspension of sentence and bail pending the appeal before the High Court.

Hence, the appellant shall be produced before the Trial Court within a period of one week from today. The Trial Court shall enlarge the appellant on bail on appropriate terms and conditions till the disposal of the appeal before the High Court.

..........................J. (ABHAY S.OKA)

..........................J. (UJJAL BHUYAN)

NEW DELHI; March 01, 2024. STATE OF CHHATTISGARH Respondent(s)

VERSUS

Date : 01-03-2024 This petition was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE ABHAY S. OKA HON'BLE MR. JUSTICE UJJAL BHUYAN

For Petitioner(s)

Dr. Rajesh Pandey, Sr. Adv. Mr. Chandrika Prasad Mishra, AOR Ms. Prashasti Singh, Adv. Ms. Nishi Prabha Singh, Adv. Mr. Ankit Pandey, Adv. Mr. Mahesh Kumar Tiwari, Adv. Ms. Swati Surbhi, Adv.

Mr. Mahesh Pandey, Adv.

For Respondent(s)

Ms. Archana Pathak Dave,Sr.Adv.

Mr. Apoorv Shukla, AOR

Mr. Puneet Chahar, Adv.

Ms. Prabhleen A. Shukla, Adv.

Mr. Ayush Acharjee, Adv.

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

Leave granted.

The appeal is allowed in terms of the signed order.

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). 245/2024

(Arising out of impugned final judgment and order dated 01-08-2023 in IA No. 1/2022 in CRA No.1859/2022 passed by the High Court of Chhatisgarh at Bilaspur)

ANIMESH PANDEY Petitioner(s)

The appellant shall be produced before the Trial Court within a period of one week from today. The Trial Court shall enlarge the appellant on bail on appropriate terms and conditions till the disposal of the appeal before the High Court.

Pending application, if any, also stands disposed of.

(ANITA MALHOTRA) (AVGV RAMU) AR-CUM-PS COURT MASTER (Signed order is placed on the file.)