CM(M) 84/2024

1. The Petition under Article 227 of the Constitution of India, 1950 has been filed on behalf of the Petitioner, to challenge the Order dated 06.12.2023 of the learned Tribunal, dismissing the Application under Order 1 Rule 10 of the Code of Civil Procedure, 1908 („CPC‟ hereinafter), of the M/s Shiv Probuild Pvt. Ltd./Registered Owner of the offending vehicle, to implead M/S. Kundu Nirman as a party.

2. The offending vehicle i.e. APOLLO make HIDROSTATIC PAVER FINISHER MODE of which the petitioner is the registered owner bearing No. 6H 3301/1200001, was handed over to the Respondent, M/s Kundu Nirman, pursuant to a Work Order dated 01.06.2022, on the specified terms and conditions. The Respondent being the contractor of Pubic Works Department („PWD‟ hereinafter), was carrying out the assigned work of strengthening and construction of the road, when the accident occurred involving this vehicle on 25.06.2022 at about 12:30 a.m., resulting in death of Mr. Rajesh. FIR No. 172/2022 under Section 279/304A of the Indian Penal Code, 1860 („IPC‟ hereinafter) read with Sections 3/181, 146/196, 39/192, 134/187, 66/192 of the Motor Vehicle Act, 1988 („M.V. Act‟ hereinafter) was registered at Police Station, Roop Nagar, Delhi.

PRATHIBA M. SINGH, J.

1. This hearing has been done through hybrid mode.

2. The present CRL. MC. 4315/2023 filed by the Petitioner - Mr. Sanjeev Kumar under Section 482 of CrPC, arises out of a complaint being CT No. 2592/2018 filed by the Petitioner before the ld. CMM, South, Saket Courts, against his wife - Ms. Alka Singh and her family including her father- Mr. Viri Singh, her mother - Ms. Amar Kaur, her brother - Mr. Akhilesh Singh and her brother-in-law - Mr. Praveen Kumar.

1. Heard learned Counsel for the petitioner and learned APP for the State.

2. This application, for grant of anticipatory bail, arises out of Simri PS case no. 79 of 2024, disclosing offences punishable under Sections 341, 323, 354(D), 509, 504, 506 of the Indian Penal Code.

3. The prosecution story, as per the First Information Report, is that petitioner was teasing and stalking the informant for the last two years and when the informant protested, the petitioner threatened to make her photograph viral on the social media. On 17.04.2024, while the informant was going towards the house of her friend, petitioner and his friend followed her and made vulgar comments and upon protest, they assaulted her brutally. It has further been alleged that on 21.04.2024 in the Patna High Court CR. MISC. No.70435 of 2024(2) dt.11-11-2024 morning, the petitioner along with other accused persons armed with lathi, danda and sharp cutting weapon came at the door of the informant and assaulted her family members.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends his arrest in a case registered for the offence punishable u/s 323, 307, 341, 379, 504, 506/34 of IPC.

3. Allegedly, petitioner along with other co-accused persons have abused and assaulted the informant and other persons with rod, brick and stones. It is further alleged that co-accused Maya Kumari took away locket and jiuitia of Rekha Kumari.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. It is also submitted that occurrence took place on 04.11.2024 but FIR has been Patna High Court CR. MISC. No.76808 of 2024(2) dt.12-11-2024 lodged on 17.11.2023 i.e after the delay of 13 days. There is no explanation of delay in lodging the FIR. Petitioner has no criminal antecedent.

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Konch Police Station Case No. 245 of 2024, dated 10.06.2024, disclosing offences punishable under Sections 147/149/341/323/307/504/506 of the Indian Penal Code.

3. The prosecution case, as per the First Information Report, is that on 10.06.2024, the informant, along with his cousin brother, was sitting at his door, in the mean while, his neighbour, Shiv Kumar Prasad, along with other accused persons, including the petitioner, arrived there with lathi, danda, iron-rod, surrounded the cousin brother of the informant, abused him and assaulted him with lathi, Patna High Court CR. MISC. No.73971 of 2024(2) dt.12-11-2024 danda and iron-rod.

Heard Learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in connection with Bairiya P.S. Case No.153 of 2024, registered Patna High Court CR. MISC. No.75612 of 2024(2) dt.11-11-2024 for the offences punishable under Sections 147/149/341/323/324/325/307/435/379/504/506 of the Indian Penal Code.

3. As per the prosecution, FIR has been lodged against fourteen named accused persons including the present petitioners with allegation that they have reached at the land of the informant and made the hut. Scuffling took place and the petitioners had attacked on the informant and others, due to which some persons were injured. Names were specifically mentioned in the FIR.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends his arrest in a case registered for the offence punishable u/s 341/ 323/ 307/ 385/ 504/ 506/34 of the IPC and added Section 302 of IPC.

3. Allegedly, all the F.I.R. named accused persons including the petitioner entered the house of informant and started assaulting the informant and others with lathi, danda and iron rods due to which informant and others got injured and four months later, the informant died.

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of anticipatory bail apprehending his arrest in connection with Dewaria P.S. Case no. 18 of 2024 registered under sections 376, 342, 323, 328 and 506 of the Indian Penal Code and section 67 of the Information and Technology Act.

3. As per the prosecution case, the informant states that the petitioner who happens to be the husband of her cousin sister took her to a room in a hotel, made her to drink an intoxicated tea and on her falling unconscious established physical relations with her. It is further stated that he took objectionable photographs and threatened that he would make Patna High Court CR. MISC. No.74140 of 2024(2) dt.11-11-2024 the same viral. It is further stated that he also sent the photographs to some persons from his mobile phone, details of which has been mentioned in the F.I.R.

Heard the parties.

2. The petitioner is in custody in connection with Danapur P.S. Case No. 318 of 2024 for the offence punishable under sections 341, 307, 195A, 120B, 506 and 34 of the Indian Penal Code and 27 of the Arms Act lodged on 01.04.2024 by the informant, Binod Rai.

3. As per the prosecution story, the informant alleged that as he was sleeping in his office, Rahul Kumar alongwith other accused came and Rahul Kumar opened fire causing injury. Rahul Kumar was again loading another cartridge when an alarm was raised whereafter, they escaped. This led to the FIR.

Heard Mr. Sharad Kumar Verma, learned counsel for the petitioner and Mr. Dilip Kumar No.1, learned APP for the State.

2. Petitioner apprehends his arrest in connection with Forest Case No.78-F of 2021, registered u/s 2, 33, 41 and 42 of the Indian Forest Act, 1927 (as amended by Bihar Amendment Act, 1990) and 2, 27, 29, 31, 51 of the Wild Life (Protection) Act, 1972 (as amended by Amending Act, 2006).

3. After some arguments, learned counsel for the petitioner seeks permission to withdraw this application.

4. Permission is granted.

Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Section 323, 341, 406, 420, 504, 506 and 34 of Indian Penal Code.

3. As per the FIR, the allegation against the petitioners is that after receiving the consideration money of Rs. 17,90,000 from the informant they executed the sale deed in favour of other persons and did not return the aforesaid amount to the informant.

1.       The present Revision Petition (RP) has been filed by the Petitioner against Respondents as detailed above, under section 21 of Consumer Protection Act 1986, against the order dated 08.06.2015 of the State Consumer Disputes Redressal Commission Punjab (hereinafter referred to as the 'State Commission'), in First Appeal (FA) No. 287 of 2013 in which order dated 01.02.2013 of District Consumer Disputes Redressal Commission Patiala (hereinafter referred to as District Commission) in Consumer Complaint (CC) no. 278 of 2012 was challenged.

 2.      The parties were arrayed before different Foras as per following details :

Name of Party Before District Forum Before State Commission Before National Commission ( Original Memo of Parties) Before National Commission ( Amended memo of parties) Public College Samana Complainant Respondent No.1 Petitioner Petitioner State Bank of Patiala, Head Office, the Mall OP No.1 Respondent No.4 Respondent No.4 Respondent No.1 State Bank of Patiala, Branch Office Samana OP No.2 Respondent no.2 Respondent no.2 Respondent no.1 State Bank of India, Head Office, Sector-17, Chandigarh OP No.3 Appellant Respondent no.1 Respondent no.1 Regional Provident Fund Commission OP No.4 Respondent no.3 Respondent no.3 Respondent no.2   For the sake of convenience, parties will also be referred to as they were arrayed before the District Forum.  Notice was issued to the Respondents on 25.01.2016. Both the Parties also filed Written Arguments/Synopsis  

These are appeals preferred by the assessee against orders of the Learned Commissioner of Income Tax (Appeals)/NFAC, (hereinafter in short "the Ld.CIT(A)"), Delhi, dated 19.02.2024/20.02.2024 for the Assessment Year (hereinafter in short "AY") 2017-18.

2. First, will take up ITA No 701/Chny/2024 against Ld CIT(A) order dated 19.02.2024; and note that the main grievance of the assessee is against the action of the Ld.CIT(A) confirming the following actions of the AO (i) making an addition of Rs.19,28,069/- as unexplained money on ITA Nos.701, 743 to 745/Chny/2024 (AY 2017-18) M/s. Covai Marketing :: 2 ::

The present appeal has been filed by the assessee challenging the impugned order dated 29/02/2024, passed under section 250 of the Income Tax Act, 1961 ("the Act") by the learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre, Delhi, ["learned CIT(A)"], for the assessment year 2014-15.

2. In this appeal, the assessee has raised the following grounds: -

"1. In the facts and circumstances of the case and in law the learned Commissioner of Income-tax (Appeals) National Faceless Appeal Centre erred in confirming the addition of Rs.54,64,000/- under sec.56(2)(b)(vii).

2. In the facts and circumstances of the case and in law the learned Commissioner of Income-Tax (Appeals) National Faceless Appeal Centre erred in not considering the bank statement of the appellant, Ledger copy confirmation of the Builder and letter of allotment issued to the appellant by the builder submitted while disputing the proposed addition during the assessment proceedings.

1.      The present Revision Petition has been filed under Section 21(b) of the Consumer Protection Act, 1986 (the "Act") against order dated 05.12.2016, passed by the learned Gujarat State Consumer Disputes Redressal Commission, Ahmedabad ('State Commission') in FA No. 875/2014 wherein the State Commission allowed the Appeal filed by the OP against the District Consumer Disputes Redressal Forum, Navsari, ('the District Forum') order dated 28.11.2013 wherein the District Forum had allowed the complaint by the Petitioner.

2.      As per report of the Registry there is a delay of 91 days in filing of the Revision Petition. For the reasons stated in the Application seeking Condonation of delay, the same is condoned.

PER SUBHASH CHANDRA  

1.      This First Appeal under Section 51 of the Consumer Protection Act, 2019 (in short, 'the Act') challenges order dated 16.12.2020 of the State Consumer Dispute Redressals Commission, Delhi (in short, the 'State Commission') in Complaint No. 188 of 2020 holding that the appellants herein are not "consumers" under the purview of the Act and dismissing the complaint filed by them.

2.      The delay of 80 days in the filing of this complaint has been considered in the light of the fact that the impugned order was dated 16. 12.2020 and while the appeal was required to be filed within 30 days of receipt of order, this period coincided with the COVID-19 Pandemic and in terms of the order of the Hon'ble Supreme Court in Suo Moto Writ Petition No. 3 of 2020 dated 10.01.2022 the period for limitation stood extended.

1. This anticipatory bail application has been filed by the accused-petitioners under Section 482 B.N.S.S., in connection with F.I.R. No.359/2024, registered at the Police Station Bassi Jaipur City (East), District Jaipur City (East) for the offences punishable under Sections 189(2), 115(2), 126(2) & 352 of BNS.

2. Heard.

3. Considered.

4. On perusal of the contents of the F.I.R., it is revealed that no specific overt act has been assigned to the accused-petitioners and the accused-petitioners are both women. The alleged incident has taken place all of a sudden at an agricultural field.

5. Taking into consideration the totality of the facts and [2024:RJ-JP:46170] (2 of 2) [CRLMB-12586/2024] circumstances of the case and more particularly the fact that the accused-petitioners both are women and no specific overt act has been assigned to the accused-petitioners in the First Information Report, this Court without expressing any opinion on the merits and demerits of the case, deems just and proper to extend the benefit of anticipatory bail to the petitioners.

1. This second bail application has been filed by the accused- petitioner under Section 483 of B.N.S.S. in connection with FIR No.179/2024 registered at Police Station Khoh, District Deeg for the offences under Sections 319(2), 338, 336(3), 340(2), 61(2)

(a), 313, 317(5), 303(2) & 318(4) of BNS and Section 66D of I.T. (Amendment) Act, 2008.

2. The First Bail Application No.11314/2024 filed by the accused- petitioner was dismissed as withdrawn vide order dated 18.09.2024 with liberty to file fresh bail application after filing of the challan.

3. Learned counsels for the petitioner submit that the accused- petitioner has falsely been implicated in this matter. Counsels further submit that the Police after completion of investigation has [2024:RJ-JP:46166] (2 of 3) [CRLMB-13786/2024] submitted charge-sheet in the matter. Counsels also submit that the petitioner is in custody since long time. He is no more required for any kind of interrogation or recovery, therefore, the petitioner may be released on bail.

1. This third bail application has been filed by the accused- petitioners under Section 483 of B.N.S.S. in connection with FIR No.197/2024 registered at Police Station Nagar, District Deeg for the offences under Sections 319(2), 318(4), 338, 336(3), 340(2), 317(5), 303(2), 61(2)(a) & 313 of BNS and Section 66D of I.T. (Amendment) Act, 2008.

2. The First Bail Application No.11090/2024 filed by the accused- petitioners was dismissed vide order dated 09.10.2024 and the Second Bail Application No.13130/2024 filed by the accused- petitioners was dismissed as withdrawn vide order dated [2024:RJ-JP:46162] (2 of 3) [CRLMB-13773/2024] 25.10.2024 with liberty to file fresh bail application after filing of the charge-sheet.

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For Petitioner(s) : Mr. Meghraj Meena For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE GANESH RAM MEENA Order 07/11/2024

1. This bail application has been filed by the accused-petitioner under Section 483 B.N.S.S., in connection with F.I.R. No.437/2024, registered at the Police Station Niwai, District Tonk for the offences punishable under Sections 3, 25(1)(b) & 25(8) of Arms Act.

2. Heard.

3. Considered.

4. Having regard the submissions made by counsel for the petitioner so also the fact that no recovery has been effective from the accused-petitioner and more particularly the co-accused have already been enlarged on bail by this Court on 24.10.2024 and the accused-petitioner is in custody since long time, this Court without expressing any opinion on the merits and demerits of the case, [2024:RJ-JP:46153] (2 of 2) [CRLMB-13722/2024] deems just and proper to enlarge the petitioner on bail.

For Petitioner(s) : Mr. Meghraj Meena For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE GANESH RAM MEENA Order 07/11/2024

1. This bail application has been filed by the accused-petitioner under Section 483 B.N.S.S., in connection with F.I.R. No.438/2024, registered at the Police Station Niwai, District Tonk for the offences punishable under Sections 3, 25(1)(b) & 25(8) of Arms Act.

2. Heard.

3. Considered.

4. Having regard the submissions made by counsel for the petitioner so also the fact that no recovery has been effective from the accused-petitioner and more particularly the co-accused have already been enlarged on bail by this Court on 24.10.2024 and the accused-petitioner is in custody since long time, this Court without expressing any opinion on the merits and demerits of the case, [2024:RJ-JP:46152] (2 of 2) [CRLMB-13712/2024] deems just and proper to enlarge the petitioner on bail.

PRATHIBA M. SINGH, J.

1. This hearing has been done through hybrid mode.

CRL.A. 171/2022 & CRL.A. 160/2023

2. These are two appeals filed by the Appellant- Sanjev Kumar under Section 14A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter 'SC/ST Act'). The aforesaid appeals arise out of Complaint Case no. 592/2018 before the ld. ASJ, South, Saket Courts.

3. In CRL.A. 171/2022, the Appellant challenges the interim order dated 16th October, 2021, passed by the ld. ASJ, South, Saket Courts, in the aforesaid complaint case, whereby the application seeking summoning of SI Satish Lohia as an accused under Section 319 of CrPC was dismissed.

1. The present appeal has been filed under Section 374 (2) of the Code of Criminal Procedure, 1973 ('CrPC') challenging the judgment on conviction dated 18.11.2023 (hereafter 'the impugned judgment') and order on sentence dated 11.01.2024 (hereafter 'the impugned order on sentence'), passed by the learned Additional Sessions Judge, Tis Hazari Courts, Delhi, in SC No. 103/2017 (Old SC No. 39/2017) arising out of FIR No.732/2016, registered at Police Station Punjabi Bagh.

2. The learned Trial Court by the impugned judgment has convicted the appellant for the offences under Section 10 of the Protection of Children from Sexual Offences Act, 2012 ('POCSO Act'), Sections 354/354B of the Indian Penal Code, 1860 ('IPC'), Section 18 of the POCSO Act read with Section 6 of the POCSO Act, Section 511 of the IPC read with Section 376 of the IPC as well as Section 506 of the IPC.

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Arbitration Appeals No. 8 & 47 of 2024 Decided on 05.11.2024 ________________________________________________________________

1. Arbitration Appeal No.8 of 2024 National Highway Authority of India. ...Appellant Versus Rakesh Kumar and Another ...Respondents

2. Arbitration Appeal No.47 of 2024 National Highway Authority of India. ...Appellant Versus Maya Devi and others ...Respondents Coram:

PRATHIBA M. SINGH, J.

1. This hearing has been done through hybrid mode.

CRL.A. 171/2022 & CRL.A. 160/2023

2. These are two appeals filed by the Appellant- Sanjev Kumar under Section 14A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter 'SC/ST Act'). The aforesaid appeals arise out of Complaint Case no. 592/2018 before the ld. ASJ, South, Saket Courts.

3. In CRL.A. 171/2022, the Appellant challenges the interim order dated 16th October, 2021, passed by the ld. ASJ, South, Saket Courts, in the aforesaid complaint case, whereby the application seeking summoning of SI Satish Lohia as an accused under Section 319 of CrPC was dismissed.

YASHWANT VARMA, J.

1. This Letters Patent Appeal1 is directed against the judgment rendered by the learned Single Judge on 19 February 2013 in terms of which an Award rendered by the Industrial Tribunal2 has come to be upheld. In terms of the Award dated 05 October 2005, the petitioner- appellant was directed to frame a policy of regularisation in respect of the respondent workmen. Both the Tribunal as well as the learned LPA Tribunal Single Judge have essentially held against the appellant on the ground that the engagement of the respondent-workmen through a contractor was merely a ruse to overcome the obligations which would have stood attached in case it were to be recognized to be the principal employer.

ANISH DAYAL, J.

"Every saint has a past, every sinner has a future"

- Justice V.R Krishna Iyer.

These words resonate deeply in the assessment by this Court of the plea of premature release after 26 years of incarceration.

Signature Not Verified

Digitally Signed

By:MANISH KUMAR W.P.(CRL) 1485/2024 Page 1 of 58

Signing Date:12.11.2024

12:03:39

1. The petitioner seeks directions for setting aside the Minutes of Meeting of the Sentence Review Board ("SRB") held on 30th June 2023 rejecting the premature release of the petitioner and order dated 21 st November 2023 by which the Minutes of SRB were approved by the Hon'ble Lieutenant Governor, Delhi; ("LG"). Petitioner, therefore, seeks directions for premature release in FIR No.48/2001, PS Rajender Nagar for offences under Sections 302/186/353/34 of the Indian Penal Code, 1860 ('IPC'), Sections 25/27 of the Arms Act, 1959 and Section 68 of the Excise Act, 2009. Additionally, the petitioner prays that this Court frames guidelines to ensure that all decisions taken by the SRB are in consonance with the Delhi Prisons Rules, 2018 ("DPR").

1. Heard learned counsel for the parties.

2. The instant Criminal Appeals under Section 374 (2), Cr.P.C. have been filed by the appellants impeaching the judgment and order 10.11.2008 passed by the Additional Sessions Judge/F.T.C., Shravasti in Sessions Trial No. 6/2006 (State vs. Dharmendra Kumar & another) arising out of Case Crime No. 135/1997, under Section 25 Arms Act, P.S. Ikauna, District Shravasti thereby convicting and sentencing the appellant under Section 25 Arms Act for two and a half years rigorous imprisonment with fine of Rs. 30,000/- and in default of payment of fine five months' additional rigorous imprisonment.

3. An FIR was lodged on 25.06.1997 at Police Station- Ikauna, District- Shravasti registered as Case Crime No. 135/1997, under Section 307 IPC and Section 7 of Criminal Law Amendment Act and Section 25 Arms Act against the accused-appellant and Jitendra Kumar @ Guddu. As per the FIR, the case of the prosecution, in nutshell, is that on provocation of accused Jitendra Kumar @ Guddu, the appellant opened fire with country made pistol, which was recovered from the possession of the appellant, on police party. In this incident, no one sustained firearm injury.

1. Heard Ms. Aishwarya Singh, learned Counsel holding brief of Mr. Dhananjay Mishra, learned Counsel appearing (in Virtual Mode) for the Applicant on admission.

2. The learned Counsel is referring to document at page 42 of the Original Application which is in Hindi vernacular. The Applicant should have filed the English translation of the said document since the Hon'ble Expert Member sitting at Chennai Bench cannot be expected to read this document.

3. Even otherwise, Rule 33 of the National Green Tribunal (Practices & Procedure) Rules 2011 provides in clear and candid terms that the language of the Tribunal shall be English provided that the parties to a proceeding before the Tribunal may file documents drawn up in Hindi, if they so desire. Provided further that the Tribunal may, in its discretion permit the use of Hindi in the proceedings, and the Tribunal hearing any matter in its discretion direct English translation of pleadings and documents to be filed.

Order 12/11/2024 This application for bail under Section 483 BNSS has been filed by the petitioners who have been arrested in connection with F.I.R. No.21/2024 registered at Police Station Gangasheher, Dist. Bikaner, for the offences under Sections 323, 341, 354, 307 and 143 of IPC.

At the outset, learned counsel for the petitioner does not want to press the instant bail application at this stage on behalf of the petitioner No.1- Mohammed Imran Rehmani S/o Mohammed [2024:RJ-JD:45679] (2 of 4) [CRLMB-10861/2024] Ayub Rehmani but, he seeks leave of the Court to file a fresh bail application after the statements of the injured- Ajeez are recorded.

Order 12/11/2024 These applications for bail under Section 439 Cr.P.C. have been filed by the petitioners who have been arrested in connection with FIR No.376/2020 registered at Police Station Ratangarh, District Churu, for offences under Sections 8/21, 22, 8/25, 8/29 of the NDPS Act.

[2024:RJ-JD:45546] (2 of 4) [CRLMB-11930/2023] Learned counsel submitted that as per the prosecution, during naakabandi, on 04.11.2020, a team of Police Station Ratangarh intercepted one Maruti car having registration No.DL- 09-CB-6368. Upon a search being made, the contraband (15,600 tablets of tramadol) was recovered in one plastic bag. They were arrested on the spot.

[2024:RJ-JD:45724] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. 2nd Bail Application No. 13173/2024 Sudhir Kumar S/o Mahendra Kumar, Aged About 28 Years, R/o Khairpur, Police Station Bahavwala, District Fazila, Punjab.

(At Present Lodged In District Jail Hanumangarh)

----Petitioner Versus State Of Rajasthan, Through PP

----Respondent For Petitioner(s) : Mr. S.R. Godara For Respondent(s) : Mr. Surendra Bishnoi, Public Prosecutor JUSTICE DINESH MEHTA Order 12/11/2024

[2024:RJ-JD:43970] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal (Sb) No. 2596/2023 Pappu Lal @ Dinesh Kumar S/o Shankar Lal Sharma, Aged About 55 Years, R/o Semarathi P.s., Chhoti Sadar Dist. Pratapgarh (At Present Lodged In Central Jail, Udaipur)

----Appellant Versus State Of Rajasthan, Through Pp

----Respondent Connected With S.B. Criminal Appeal (Sb) No. 1157/2023 Suresh Kumar S/o. Udai Lal Gurjar, aged 35 years, R/o. Semarthali, Police Station Choti Sadari, District Pratapgarh. (Presently Lodged in District Jail, Chittorgarh)

[2024:RJ-JD:43970] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal (Sb) No. 2596/2023 Pappu Lal @ Dinesh Kumar S/o Shankar Lal Sharma, Aged About 55 Years, R/o Semarathi P.s., Chhoti Sadar Dist. Pratapgarh (At Present Lodged In Central Jail, Udaipur)

----Appellant Versus State Of Rajasthan, Through Pp

----Respondent Connected With S.B. Criminal Appeal (Sb) No. 1157/2023 Suresh Kumar S/o. Udai Lal Gurjar, aged 35 years, R/o. Semarthali, Police Station Choti Sadari, District Pratapgarh. (Presently Lodged in District Jail, Chittorgarh)

Order 07/11/2024 Instant revision petition under Section 397/401 Cr.P.C has been filed against the order dated 04.08.2023 passed by learned Addl. Sessions Judge, Raisinghnagar, District Sriganganagar in Sessions Case No. 38/2019 by which the application filed by the respondent no.2 under Section 319 Cr.P.C for taking cognizance against the petitioner has been allowed and bailable warrant has been issued against the petitioner for offence under Section 302/34, 447 IPC.

Brief facts of the case are that the complainant lodged a written report at Police Station, Jetsar stating therein that the accused Ram kumar and Ramchandra entered into the field of complainant party and assaulted the complainant's brother [2024:RJ-JD:44922] (2 of 7) [CRLR-27/2024] Krishan lal used sharp weapon due to which his brother Krishan lal died.

Date : 11.11.2024

1. Heard Mr. B. D. Konwar, learned senior counsel assisted by Mr. H. Agarwal, learned counsel for the petitioner. Also heard Mr. R. R. Kaushik, learned Additional Public Prosecutor for the State.

2. This application under Section 528 of the BNSS, 2023 has been filed by the petitioner, namely, Mohammad Tahzeeb, impugning the order dated 27.09.2024 as well as 04.10.2024 whereby 308.14 tons of coal, which is claimed to be the property of the petitioner, has been given in custody of the respondent No. 2 and the prayer for giving zimma of the same to the petitioner has been rejected.

3. The learned senior counsel for the petitioner has submitted that the petitioner is the proprietor of Lalpahar Coal Depot, Tinsukia, Assam and operates a lawful business of coal processing and distribution with requisite statutory licenses and authorization including GST registration and NOC from local authorities.

BEFORE HON'BLE MR. JUSTICE MICHAEL ZOTHANKHUMA Advocates for the petitioner : Mr. A. I. Uddin, Advocate For the respondents :

Dates of hearing : 08.11.2024 Date of Judgment : 12.11.2024 JUDGMENT AND ORDER (CAV)

1. Heard Mr. A. I. Uddin, learned counsel for the petitioner, who submits that the petitioner submitted his bid in respect of the E-Tender Notice No.06/2023- 2024 issued by the Divisional Forest Officer, Social Forestry Division, Pune, Government of Maharashtra, for supply of minimum 4 months old bamboo seedlings from certified seed source in around 4"x5" size polybags.

This first bail application filed by the applicants under Section 482 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of anticipatory bail apprehending their arrest relating to FIR/Crime No.258/2024 dated 03.10.2024 registered at Police Station Navegaon (gramin), District Balaghat for the offence under Sections 126, 132, 121 (1), 296, 351(3), 3(5) of Bhartiya Nyay Sanhita, 2023 (wrongly mentioned in the impugned order as B.N.S.S.).

2. Learned senior counsel for the applicants submits that the present applicants have been falsely implicated by the prosecution while alleging inter alia that the complainant who is Patwari, along with one of his associate came to collect the land revenue to the shop of the present applicants, however, instead of paying the land revenue, the present applicants abused and assaulted the complainant, as a result of which, the offences have been NEUTRAL CITATION NO. 2024:MPHC-JBP:55199 2 MCRC-45295-2024 registered against them. It is contended by the senior counsel that the complainant who is working as Patwari was blackmailing the present applicants and in that regard, a complaint was made to the Superintendent of Police, Balaghat on 04.10.2024 which has been brought on record as Annexure A/2. It is further contended by the senior counsel that the present applicants have not committed any offence and the complainant has not sustained any kind of injury, therefore, the said allegations are false and baseless. Thus, counsel submits that the applicant Nos. 1 and 2 are aged about 59 years and the applicant No.3 is son of the applicant Nos. 1 and 2 aged about 30 years having no criminal record, deserve to be enlarged on anticipatory bail.

This is first application filed under Section 483 of B.N.S.S. (S.439 of Cr.P.C.) for grant of bail to the applicant in connection with Crime No. 652 of 2024 registered at Police Station - Kotwali Datia, District Datia (M.P.) for the offences punishable under Sections 296, 115(2), 118(1), 351(3), 331(5) and 3(5) of the BNS.

2. Learned counsel for the applicant argued that the applicant is innocent and has been falsely implicated. The applicant is in custody since 25/9/2024. It is further argued that present FIR is counterblast of FIR lodged against injured Navalpal by applicant Vishal Pal bearing Crime No. 650/2024. Further submission is that as per allegations applicant/accused along with co-accused Rahul threw Naval Pal on ground and assaulted him with Danda. It is further argued that co-accused person namely Rahul has NEUTRAL CITATION NO. 2024:MPHC-GWL:19406 2 MCRC-45528-2024 already been granted bail by this Court in M.Cr.C. No.43343/2024 and case of the present applicant is at parity with him, hence, he seeks parity and prays for grant of bail to the applicant.

This is repeat (third) application filed by the applicant under Section 483 of the Bhartiya Nagrik Surksha Sanhita, 2023 for grant of regular bail relating to FIR No.407/2023 registered at Police Station Kotwali District Jabalpur (M.P.) for the offences under Sections 328, 109 of the IPC and Sections 18(c), 27 (b)(i) of the Aushadhi Aur Prasadhan Samagri Adhiniyam, Section 8, 21, 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and also under Sections 5/13 of the M.P. Drug Control Act, 1949.

This is the first application filed by the applicant under Section 438 of Cr.P.C, 1973 (Section 482 of BNSS, 2023) for grant of anticipatory bail relating to FIR No.401/2024, dated 07.09.2024, registered at Police Station Ashoka Garden, District Bhopal (M.P.) for commission of offence under Sections 296, 115, 118(1), 110, 3(5) of BNS, 2023 and Section 25 of the Arms Act. Applicant apprehending his arrest in the aforesaid offence has knocked at the portal of this Court for grant of anticipatory bail.

2. As per the prosecution story, on 06.09.2024, applicant/accused caused injury to Anuj by means of some blunt and hard object while her son Abhishek caused injury by means of knife to the complainant party. FIR was registered.

1. Heard on I.A.No.20559/2024, an application under Section 301(2) of Cr.P.C. seeking permission to assist the Public Prosecutor.

2. On due consideration and the reasons contained in the application, the same is allowed. Shri Vijay Kumar Agrawal, Advocate and his associates are permitted to assist the Public Prosecutor at the time of hearing of this case.

3. The applicant has filed this second repeat application under Section 439 of Cr.P.C. for grant of bail. The applicant has been arrested on 01.03.2024 by Police Station Morar, District Gwalior, M.P. relating to Crime No.66/2013 for the offences punishable under Sections 147, 148, 149, 307, 302, 120B of IPC and Sections 25 and 27 of Arms Act. First application was dismissed as withdrawn vide order dated 16.07.2024 passed in M.Cr.C.No.27396/2024.

This is first application filed under Section 483 of B.N.S.S. (S.439 of Cr.P.C.) for grant of bail to the applicants in connection with Crime No. 190 of 2024 registered at Police Station - Sirol, District Gwalior for the offences punishable under Sections 109, 296, 54 and 3(5) of the BNS and sections 25/27 of the Arms Act.

2. Learned counsel for the applicant/accused argued that the applicants are innocent and have been falsely implicated. There is no evidence on record to connect them with the crime. Further submission is that the FIR does not indicate that the applicants were present in the Car. Applicants were arraigned in this case only on account of statement of memorandum. Further submission is that order-sheet of learned trial Court dated 13/9/2024 (Annexure A/2) indicates that until 13/9/2024 no allegations were made against the applicants/accused persons. Even Creta Car does not belong to NEUTRAL CITATION NO. 2024:MPHC-GWL:19418 2 MCRC-45016-2024 the applicants. They are under custody since 21/9/2024. Their custodial interrogation is not required anymore as material investigation has already been concluded. Applicant Aakash is permanent resident of Village Girgaon, Maharajpura, Gwalior, while applicant Rahul is permanent resident of Noorabad, District Morena and there is no likelihood of their absconsion or tampering with the prosecution evdience. They shall abide by all the terms and conditions as may be imposed by this Court. Hence, learned counsel prays for grant of bail to the applicants

1. This criminal appeal (first) under Section 14-(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been filed against the order dated 18.09.2024 passed by Special Judge (Atrocities) Gwalior, in Bail Application No.2473/2024 whereby the application moved by the appellant for grant of anticipatory bail under Section 482 of BNSS as she is apprehending her arrest in connection with Crime No.81/2023 registered at Police Station Gwalior District Gwalior for the offences punishable under Sections 376, 346, 363, 506, 120-B of IPC and Sections 3(2)(v), 3(2)(va) and 3(1)(w)(ii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, has been rejected.

This is first application filed by the applicant under Section 483 of BNSS, 2023 for grant of bail relating to Crime No. 71 of 2022 registered at Police Station - Tyonda, District Vidisha (M.P.) for the offence under Section 366, 376 (2)(N), 342, 323, 34 of IPC and section 5/6 of POCSO Act.

Learned counsel for the applicant argued that applicant is innocent and has been falsely implicated. It is further argued that applicant is in custody since 13.09.2024. After conclusion of investigation, charge-sheet has been filed, therefore, further custodial interrogation is no more required. It is further argued that entire prosecution story in respect to the present applicant is highly suspicious in the light of the fact that allegedly the incident occurred on 05/04/2022 and the prosecutrix was recovered on 16/04/2022. Thereafter, her statement under section 164 of Cr.P.C. was recorded, in which, she mentioned her age as 20 years. She has also stated that she left NEUTRAL CITATION NO. 2024:MPHC-GWL:19386 2 MCRC-44213-2024 her house on her own volition because she wanted to marry with the present applicant. Her statement under section 164 of Cr.P.C. further indicates that she visited various places along with the applicant, however, she did not raise any alarm or tried to escape from the custody of the applicant. It is further submitted that allegation of human trafficking is not against the present applicant. It is further argued that co-accused Abid has already been acquitted in this case bearing S.T. No. 32/2023 vide judgment dated 10/06/2024. In that case, learned trial court has given specific opinion that the prosecutrix was major at the time of incident. Thus, at the most, this is a case of consensual sexual relationship between two adult persons. The applicant has no criminal antecedents. He is permanent resident of District Raisen (M.P.) and there is no possibility of his absconsion or tampering with the prosecution evidence. He shall abide by all the terms and conditions as may be imposed by this Court. Hence, he prays for grant of bail to the applicant.

This is second application filed under Section 439 of Cr.P.C for grant of bail to the applicant in connection with Crime No. 04 of 2024 registered at Police Station - Nateran, District Vidisha (M.P.) for the offence punishable under Sections 147, 148, 149, 294, 323, 324, 326, 325, 307, 506 of IPC. First application was dismissed on merits vide order dated 24.04.2024 passed in M.Cr.C. No. 16327/2024.

2. Learned counsel for the applicant argued that the applicant is innocent and has been falsely implicated. It is further argued that the after withdrawal first bail application, case was listed on many occasion for recording of evidence of injured witnesses. Summons and bailable warrants were issued for appearance of the injured witnesses. However, except 22.08.2024, they failed to appear before the trial Court for recording of evidence, despite they were bound over for next date of hearing. Further submission is that there is delay in trial and lastly on 07.11.2024 two injured witnesses have been examined and remaining 30 enlisted NEUTRAL CITATION NO. 2024:MPHC-GWL:19414 2 MCRC-27381-2024 witnesses are yet to be examined. Applicant has already suffered incarceration more than eight months since 09.02.2024. Allegedly, he inflicted injuries to Arvind by means of pharsa, but no grievous injury is found on his body. As per MLC, the injury are caused by hard and blunt object which belied the version of prosecution about causing injury by sharp cutting object pharsa. The applicant is in custody since 09.02.2024. Since investigation has already been completed, therefore, further custodial interrogation is no more required. The applicant he is permanent resident of District Vidisha (M.P.) and there is no possibility of his absconding or tempering with prosecution case. Hence, he prays for grant of bail to the applicant.

Learned Senior Counsel appearing for the applicant submitted that bail application is filed in name of Shilpa Pathak. He has filed an application (I.A.No.29004/2024) for amendment in record. It is submitted that after marriage name of applicant has been changed to Shilpa Dubey, therefore, he wants to correct the cause title.

2. Considering the aforesaid circumstances, application is allowed.

3. Name of applicant is to be treated as Shilpa Pathak @ Shilpa Dubey.

4. This is second application filed by the applicant under Section 483 of the Bhartiya Nagrik Surksha Sanhita, 2023 for grant of regular bail relating to FIR No.523/2023 registered at Police Station Kotwali, District Jabalpur (M.P.) for the offences under Sections 294, 506, 409, 420, 467, 468, 471, 34 of the Indian Penal Code.

Case diary is available.

2. This application under Section 482 of BNSS, 2023 has been filed for grant of anticipatory bail.

3. The applicant apprehends his arrest in connection with Crime No.61/2024 registered at Police Station Dharkundi,, District Satna for offence under Sections 406, 06, 417, 420, 467, 468, 471, 120B of IPC and Section 13(1)(b) of Prevention of Corruption Act, 1988 R/w Section 13(2) of Prevention of Corruption Act (Amendment) Act, 2018.

4. It is submitted by counsel for petitioner that applicant has filed a Writ Petition No.23452/2024 for transfer of investigation to another Investigating Agency and in that case by order dated 22.08.2024, a Coordinate Bench of this Court has directed that no coercive steps shall be taken against the applicant.

Case diary is perused.

Learned counsel for the rival parties are heard.

The applicant has filed this first application u/S. 483 of B.N.S.S. Act, 2023 (439 of Cr.P.C.). for grant of bail in connection with Crime No. 140/2020 registered at Police Station S.T.F, District Bhopal for commission of offence punishable under Sections 420, 467, 468, 471 and 120-B of the IPC. The applicant is in custody since 25/07/2024 Prosecution story, in short, is that complaint was lodged by one Bharat Singh, who is the President of Dilip Buildcon Limited stating that cheque bearing No. 235994 amounting to Rs.4,200/- has been made and amount of Rs.8,84,62,302/- has been cloned on the aforesaid cheque. The said cheque was submitted for clearance on 02/03/2020 before Punjab National Bank Branch Bandra Mumbai (Maharashtra), where the aforesaid cheque has already been cleared on 20/08/2020 for the said amount of Rs.4,200/-issued in the name of NEUTRAL CITATION NO. 2024:MPHC-JBP:55317 2 MCRC-46936-2024 Subbavarapu Satyanarayan. On the basis of aforesaid complaint, case has been registered against the applicant and other co-accused persons.