Supreme CourtDivision Bench

Surya Pratap Avadesh Singh vs State Of Maharashtra

Supreme Court Of India · Decided on 18 February 2019 · Citation: (2019) 02 SC CK 0343

HON’BLE JUDGES
A.M. Khanwilkar, J · Ajay Rastogi, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 34, 420 · Code Of Criminal Procedure, 1973 — Section 438(2)
RESULT
Disposed Of
CASE NUMBER
Criminal Appeal Nos. 292, 293 Of 2019
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Judgment

5 paragraphs · 120 words

Leave granted.

Heard learned counsel for the parties.

Prima facie, we find force in the submission of the appellant that the appellant is not party to the transaction which is the subject matter of offence under section 420 read with 34 of IPC.

The appellant is only sub-contractors and have been engaged by the main accused. Suffice it to observe that the appellant is not concerned with transaction in question constituting the alleged offence. Hence, the appellant is entitled for grant of anticipatory bail in connection with C.R. No. 1329 of 2018 registered at Virar Police Station, District Palghar, (Maharashtra), subject to fulfilling conditions under Section 438(2) of Cr.P.C. Ordered accordingly.

The appeals are disposed of in the above terms.