Name: N.ISHWANT SINGH VERSUS STATE OF TAMILNADU Special Leave to Appeal (Crl.) No.3725/2021 - Repository of Bail Orders
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N.ISHWANT SINGH VERSUS STATE OF TAMILNADU Special Leave to Appeal (Crl.) No.3725/2021 - Repository of Bail Orders

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ITEM NO.9    COURT NO.13      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 for Special Leave to Appeal (Crl.)  No.3725/2021
(Arising out of impugned final judgment and order dated  17-04-2021 in   CRLOP   No.   5685/2020   passed   by   the   High   Court   of   Judicature   at Madras)
N.ISHWANT SINGH                                    Petitioner(s)
                                VERSUS
STATE OF TAMILNADU                                 Respondent(s)
(IA   No.   61713/2021   –   EXEMPTION   FROM   FILING   C/C   OF   THE   IMPUGNED JUDGMENT,   IA No. 129108/2021 – EXEMPTION FROM FILING O.T. and   IA No. 129106/2021 – INTERVENTION/IMPLEADMENT)
 Date : 03-01-2023 These matters were called on for hearing today.
CORAM :
         HON’BLE MR. JUSTICE A.S. BOPANNA
         HON’BLE MR. JUSTICE DIPANKAR DATTA
For Petitioner(s) Mr. C.B. Gururaj, Adv.
                    Dr. Nanda Kishore, AOR
  For Respondent(s)   Dr. Joseph Aristotle S., AOR
                  Mr. Shobhit Dwivedi, Adv.
                 Mr. Sanjeev Kr. Mahara, Adv.
                Vaidehi Rastogi, Adv.
                Mr. Sumit Kumar, AOR
                   Mr. Rajesh Pathak, Adv.
                   Mrs. Kumari Supriya, Adv.
                   Ms. Shivani Shukla, Adv.
                   Mr. Ishank Gupta, Adv.
      UPON hearing the counsel the Court made the following
                             O R D E R
Heard learned counsel for the parties.
IA No. 129106/2021 for impleadment is allowed.
Cause title be amended accordingly
It   is   noted   that   this   Court   at   the   first   instance   while directing  notice  to  the  respondent  had  stayed  the  impugned condition on 18.05.2021. The complainant has also impleaded himself to this proceedings.
In   that   light,   having   heard   learned   counsel   for   the   parties, we   note   that   the   High   Court   has   rejected   the   claim   of   the petitioner   herein   on   the   ground   that   the   condition   imposed   by   the trial court has not been complied with. Learned counsel  for the  complainant has  also taken  us through the   order   passed   by   the   trial   court   to   contend   that   the   condition was   not   imposed   by   the   Court   but   the   petitioner   himself   had undertaken to comply with the same.
Learned counsel for the State also points out that in certain circumstances   representation   is   made   to   the   court   and   thereafter the   parties   would     back   track   from   the   same.     Though   such contentions are urged, in the instant case, a perusal of the papers would indicate that there are two aspects to the matter.   Firstly, the petitioner had   undertaken to deposit a sum of Rs. 10,00,000/- (rupees   ten   lakhs)   in   the   loan   account   and   also   to   regularize   the loan.The   condition   in   fact,   has   been   imposed   by   the   trial   court to   that   effect   which   is   evident   from   the   operative   portion   of   the order of the trial court.
In   a   matter   of   the   present   nature   when   it   is   not   in   dispute that   the   sum   of   Rs.   10,00,000/-   (rupees   ten   lakhs)   which   was undertaken to be deposited, has been deposited, the representation SLP (Crl.) No.3725/2021made   to   that   extent   has   been   complied   with   by   the   petitioner.
Insofar as the regularization of the loan, though it was indicated to the Court that the same would be regularized, the same cannot be considered   as   a   condition   precedent   for   continuation   of   the   bail, though the petitioner will have to make an effort to regularize the loan to avoid other consequence.
In   that   view,   we   are   of   the   opinion   that   the   interim   order granted   by   this   Court   on   18.05.2021   staying   the   condition   shall enure to the benefit of the petitioner.   The same is made absolute and the bail granted to the petitioner shall continue.
The Special Leave Petition is, accordingly, disposed of.
Pending application(s) shall stand disposed of.
(RAJNI MUKHI)                            (DIPTI KHURANA)
COURT MASTER (SH)                       ASSISTANT REGISTRAR
3

ITEM NO.9    COURT NO.13      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 for Special Leave to Appeal (Crl.)  No.3725/2021
(Arising out of impugned final judgment and order dated  17-04-2021 in   CRLOP   No.   5685/2020   passed   by   the   High   Court   of   Judicature   at Madras)
N.ISHWANT SINGH                                    Petitioner(s)
                                VERSUS
STATE OF TAMILNADU                                 Respondent(s)
(IA   No.   61713/2021   –   EXEMPTION   FROM   FILING ...

N.ISHWANT SINGH VERSUS STATE OF TAMILNADU Special Leave to Appeal (Crl.) No.3725/2021 - Repository of Bail Orders

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