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Sandip Pandey @ Sandeep Kumar Pandey v. M/s. Shivam Builders and Developers & Anr.

Criminal Appeal · 2018 INSC 860Decided 24 Sept 2018
Criminal Appeal No. 1216 of 2018
Justice Kurian Joseph · Justice Sanjay Kishan Kaul

Background

Police had filed a closure report in an FIR against the appellant, but the complainant objected, and the Magistrate issued process under Section 204 CrPC against him anyway. The appellant sought bail, but the High Court of Chhattisgarh rejected his bail application, prompting this appeal to the Supreme Court.

Decision Breakdown

The Supreme Court declined to go into the merits of the underlying case pending before the Magistrate. Instead, it directed the appellant to surrender before the Magistrate within four weeks, and ordered that upon surrender he be released on bail, subject to whatever conditions the Magistrate considered appropriate. The appeal was allowed on these terms.

Lesson Learnt

Even where the Supreme Court does not examine the merits of a pending criminal case, it can still grant practical relief by directing a structured surrender-and-bail process, leaving the specific bail conditions to the trial court's discretion.

Official source (sci.gov.in)View Judgment (PDF)

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