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Supreme Court – Daily Orders
Asif Ahmed vs Sukhpreet Singh on 16 April, 2025
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. /2025
(@SLP(CRL) NO. 14463/2024)
ASIF AHMED APPELLANT(s)
VERSUS
SUKHPREET SINGH & OTHERS RESPONDENT(s)
WITH
CRIMINAL APPEAL NO. /2025
(@SLP(CRL) NO.14763/2024)
O R D E R
Leave granted.
These appeals challenge the order dated 19.09.2024
passed by the High Court of Karnataka, Dharwad Bench in
Criminal Petition No.103717/2023.
Apprehending arrest in connection with crime
registered pursuant to FIR No.120/2023 lodged with Police
Station Karwar Town, in respect of the offences punishable
under Sections 406 and 420 read with Section 34 of the
Indian Penal Code, 1860, the appellants preferred
applications before the Sessions Court seeking
anticipatory bail in terms of Section 438 of the Code of
Criminal Procedure, 1973 (“the Code” for short). The
Signature Not Verified
Digitally signed by
RADHA SHARMA
Date: 2025.04.16
appellants herein were granted anticipatory bail by the
17:12:23 IST
Reason:
Sessions Court.
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The complainant preferred a Criminal Petition
No.103717 of 2023 before the High Court praying for
cancellation of bail granted to the appellants herein.
Said anticipatory bail has been cancelled by the High
Court vide the impugned order dated 19.09.2024. Hence,
instant appeals have been preferred by accused Nos.2,3 and
4.
By orders dated 23.10.2024 and 24.10.2024, while
issuing notice, this Court granted interim protection in
favour of the appellants.
We have heard learned senior counsel in support of
the appellants and learned counsel for the respondents.
Learned senior counsel appearing for accused Nos.3
and 4 submitted that they have filed Writ Petition
No.101269/2025 before the High Court in which, by an
interim order dated 20.02.2025, the High Court has stayed
all further proceedings registered by the concerned police
in Crime No.120/2023 dated 21.10.2023 insofar as these
accused are concerned.
However, there is no stay of investigation or other
proceedings as against the other accused in these cases.
Learned senior counsel submitted that in the event
this Court is to grant the relief of anticipatory bail to
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all these appellants, then despite the interim order dated
20.02.2025 passed by the High Court, the accused Nos.3 and
4 would also cooperate with the investigation and in
addition certain terms and conditions may be imposed on
the appellants for the speedy conclusion of the
investigation.
Learned senior counsel appearing for the other
appellant, i.e., accused No. 2, contended that the said
accused has not approached the High Court and he has been
protected by the interim order of this Court; that the
appellant is willing to cooperate with the investigation
and appropriate terms and conditions for the grant of
anticipatory bail may be imposed by this Court.
Learned counsel for the respondent-State submitted
that if this Court is to permit the State to continue with
the investigation and conclude the same, then appropriate
orders may be made in these cases.
However, learned counsel for the respondent-
complainant submitted that the impugned order would not
call for any interference; that the High Court has rightly
appreciated the reasons as to why the respondent-
complainant sought for cancellation of the bail; that this
is not a simple case where owing to a contract and a
dispute arising therein that the complaints were filed by
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the respondent-complainant herein; that on the strength of
the order of anticipatory bail granted by the concerned
Sessions Court, the appellants-accused have misused their
liberty by threatening the witnesses both physically as
well as mentally; there is also no progress in the
investigation made. In the circumstances, the impugned
order of the High Court may not be interfered with.
Considering the circumstances on record, in our view,
these appellants are entitled to the relief claimed under
Section 438 of the Code.
We, therefore, allow these appeals and set aside the
order passed by the High Court dated 19.09.2024. We direct
that in the event of arrest of these appellants, the
Arresting Officer shall release these appellants on bail
subject to furnishing cash security in the sum of
Rs.25,000/- (Rupees Twenty-Five Thousand only) with two
like sureties.
It is directed that the appellants shall extend
complete cooperation in the ensuing investigation. The
appellants shall not misuse their liberty and shall not in
any way influence the witnesses or tamper with the
material on record.
The State shall take steps to conclude the
investigation as expeditiously as possible. All the
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appellants, except accused No.4, shall record their
attendance before the S.H.O. (I.O.) of the respondent-
Police Station on the first Sunday of every month at 11.00
A.M.
They shall also report before the concerned
Investigating Officer as and when summoned.
However, all the accused, including accused No.4,
shall cooperate with the investigation and appear before
the concerned S.H.O. (I.O.) on the days they are summoned
for investigation.
Should these appellants intend to go overseas, then
they shall seek permission of the concerned Sessions Court
at Karwar Town by making an application. Should such an
application be made by the appellants herein, the
concerned Sessions Court shall consider the same
expeditiously.
The respondent-State is directed to continue with the
investigation despite the interim order dated 20.02.2025
passed in Writ Petition No.101269/2025 by the Dharwad
Bench of the High Court of Karnataka.
It is needless to observe that in case of violation
of any of the aforesaid conditions of bail, liberty is
reserved for seeking cancellation of anticipatory bail
granted to the appellants herein.
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With the aforesaid directions, these Criminal Appeals
are allowed.
…………………………………………………….,J.
( B.V. NAGARATHNA )
……………………………………………………………….,J
( SATISH CHANDRA SHARMA )
NEW DELHI;
APRIL 16, 2025
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ITEM NO.12 COURT NO.7 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(s) for Special Leave to Appeal (Crl.) No(s). 14463/2024
[Arising out of impugned final judgment and order dated 19-09-2024
in CRLP No. 103717/2023 passed by the High Court of Karnataka
Circuit Bench at Dharwad]
ASIF AHMED Petitioner(s)
VERSUS
SUKHPREET SINGH & OTHERS Respondent(s)
(FOR ADMISSION and IA No.240853/2024-EXEMPTION FROM FILING O.T.)
WITH
SLP(Crl) No. 14763/2024 (II-C)
(IA No. 245879/2024 – EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT
IA No. 245882/2024 – EXEMPTION FROM FILING O.T.
IA No. 245889/2024 – PERMISSION TO FILE LENGTHY LIST OF DATES)
Date : 16-04-2025 These petitions were called on for hearing today.
CORAM :
HON’BLE MRS. JUSTICE B.V. NAGARATHNA
HON’BLE MR. JUSTICE SATISH CHANDRA SHARMAFor Petitioner(s) Mr. Santosh Paul, Sr. Adv.
Mr. Sriharsh Nahush Bundela, AOR
Ms. Aditi Rai, Adv.
Mr. Parveen Waman Satale, Adv.
Mr. Rishabh Jain, Adv.
Mr. Bhushan, Adv.
Mr. Rajiv Shankar Dvivedi, AOR
For Respondent(s) Mr. Rahul Sharma, Adv.
Mrs. Jyoti Dutt Sharma, Adv.
Ms. Divyangi Gupta, Adv.
Mr. Ankit Roy, AORMr. Naveen Sharma, AOR
Mrs. Swati Bhushan Sharma, Adv.
Mr. S. K. Sharma, Adv.
Mr. Sanatan Ghosh, Adv.
Mr. V. N. Raghupathy, AOR
Mr. Raghavendra M. Kulkarni, Adv.
Mr. M. Bangaraswamy, Adv.
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Mr. Venkata Raghu Mannepalli, Adv.
Mr. Md. Apzal Ansari, Adv.
Mr. Shiv Kumar, Adv.
Ms. Vaishnavi, Adv.
Mr. Dhanesh Ieshdhan, Adv.
Mr. Prakash Jadhav, Adv.
UPON hearing the counsel the Court made the following
O R D E RLeave granted.
Criminal Appeals are allowed in terms of terms of
the signed order.
Pending application(s), if any, shall stand disposed
of.
(RADHA SHARMA) (DIVYA BABBAR) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)
(Signed order is placed on the file)
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