SANDIP PANDEY @ SANDEEP KUMAR PANDEY v. M/S. SHIVAM BUILDERS AND DEVELOPERS & ANR.

Supreme Court of India · 24 Sep 2018
KURIAN JOSEPH; SANJAY KISHAN KAUL
CRIMINAL APPEAL NO(S). 1216 OF 2018
criminal appeal_allowed

AI Summary

The Supreme Court allowed the criminal appeal, directed the appellant to surrender before the Magistrate, and granted bail subject to conditions despite the High Court's earlier rejection.

Full Text
Translation output
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO(S). 1216 OF 2018
[@ SPECIAL LEAVE PETITION (CRL.) NO. 3932 OF 2018]
SANDIP PANDEY @ SANDEEP KUMAR PANDEY Appellant (s)
VERSUS
M/S. SHIVAM BUILDERS AND DEVELOPERS & ANR. Respondent(s)
JUDGMENT
KURIAN, J.

1. Leave granted.

2. The appellant is before this Court, aggrieved by the order dated 23.03.2018 passed by the High Court of Chhattisgarh in MCRCA No. 215 of 2017. The Investigating Officer filed a closure report in FIR No. 50 of 2010 on the file of Police Station Civil Lines, Bilaspur, Chhattisgarh.

3. In view of the objections filed by the defacto complainant, the learned Magistrate has issued process under Section 204 Cr. P.C. The appellant approached the High Court for bail, which has been rejected.

4. Though the learned senior counsel has referred to the background of the case in view of the pendency of the case before the learned Magistrate, we do not propose to go into the same. We direct the appellant to surrender before the learned Magistrate within four weeks from today and on such surrender, he shall be released on bail, subject to such conditions as may be imposed by the learned Magistrate.

5. In view of the above, the appeal is allowed ........................ J. [ KURIAN JOSEPH ] ....................... J. [ SANJAY KISHAN KAUL ] New Delhi; September 24, 2018.