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Supreme Court of India

SUMEET SURI vs STATE OF NCT OF DELHI on 8 August, 2012

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Crl.A. No.-001159-001159 - 2013Official PDFBench Hemant Laxman Gokhale, Jasti ChelameswarAdvocates SIDDHARTH SINGLA | MUKTI CHOWDHARY
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 1159 OF 2013
(Arising out of SLP(Crl.) No.6599/2013)
(CRLMP.NO.19263/2012)
SUMEET SURI Appellant(s)
:VERSUS:
STATE OF NCT OF DELHI & ANR. Respondent(s)
O R D E R
Leave granted.
2. Heard Mr. Mukul Rohatgi, learned senior
counsel in support of this appeal, Mr. Rakesh JUDGMENT
Khanna, learned Additional Solicitor General for
respondent No.1 and Mr. Rakesh Dwivedi, learned
senior counsel appearing for respondent No.2.
3. We have perused the impugned order passed by
the High Court. The appellant is being proceeded
under FIR No.125/2010 filed by respondent No.2
against the appellant for various offences such as
breach of trust, forgery, misappropriation etc. The
appellant applied for bail which the learned
Magistrate did not grant. The appellant was granted
bail by the learned Sessions Judge but the learned
Single Judge of the High Court has cancelled the
bail by his order dated 27.8.2012 passed in Criminal
M.C. No.198/2011 which was filed by the State
against the order dated 25.11.2010 passed by the
learned Additional Sessions Judge. Until the passing
of the order by the Sessions Judge, the appellant
remained in custody for 18 days.
4. Having considered all the facts of this case
and the submissions of learned counsel for the rival
parties, we areJUDGMENTof the view that the custodial
interrogation is not required in the present case.
The order passed by the High Court is, therefore,
set aside. Consequently the order passed by the
learned Additional Sessions Judge on 25.11.2010
granting bail to the appellant on the terms
contained therein will stand revived.
5. We are told that there are certain subsequent
events and if there are any subsequent offences in
which the appellant is involved, it will be open for
the State to take necessary steps.
The appeal is allowed accordingly.
.........................J
(H.L. GOKHALE)
.........................J
(J. CHELAMESWAR)
New Delhi;
August 12, 2013.
JUDGMENT