Featured image for Supreme Court Judgment dated 24-09-2018 in case of petitioner name Sandip Pandey @ Sandeep Kumar vs M/s. Shivam Builders and Devel
| |

Supreme Court Grants Bail to Sandip Pandey in Criminal Appeal Against High Court Order

The Supreme Court of India, in its judgment dated 24th September 2018, granted bail to Sandip Pandey @ Sandeep Kumar Pandey in a criminal appeal against the rejection of his bail application by the High Court of Chhattisgarh. The case revolved around a closure report filed by the investigating officer, the subsequent objections by the complainant, and the magistrate’s decision to issue process under Section 204 of the CrPC.

Background of the Case

The appellant, Sandip Pandey, approached the Supreme Court after the Chhattisgarh High Court rejected his bail application. The case originated from an FIR (No. 50 of 2010) lodged at Police Station Civil Lines, Bilaspur, Chhattisgarh. The investigating officer had filed a closure report, indicating no substantial evidence against the accused.

However, the de facto complainant objected to the closure report, leading the magistrate to issue process under Section 204 of the CrPC. The appellant’s plea for bail was dismissed by the High Court, prompting him to move the Supreme Court for relief.

Arguments by the Petitioner

The petitioner’s counsel argued:

  • The investigating officer had already filed a closure report, signifying that no prima facie case was made out.
  • The magistrate’s order issuing process under Section 204 CrPC was passed without a proper basis.
  • The rejection of bail by the High Court was unjustified, given that the case had remained dormant for years.
  • The petitioner was willing to comply with any conditions imposed by the court to secure bail.

Arguments by the Respondent

The counsel representing the complainant and the state opposed the grant of bail, stating:

  • The magistrate had issued process after considering the objections raised by the complainant.
  • The case had not been formally closed, and further proceedings were justified.
  • Granting bail at this stage might obstruct the ongoing judicial process.

Supreme Court’s Observations

The Supreme Court, comprising Justice Kurian Joseph and Justice Sanjay Kishan Kaul, considered the submissions and found merit in the petitioner’s plea. The Court observed:

“Though the learned senior counsel has referred to the background of the case, in view of the pendency of the case before the learned Magistrate, we do not propose to go into the same.”

The Court directed the petitioner to surrender before the magistrate within four weeks from the date of the judgment. It further held:

“On such surrender, he shall be released on bail, subject to such conditions as may be imposed by the learned Magistrate.”

Conclusion

The Supreme Court’s decision provided relief to Sandip Pandey, allowing him to be released on bail while ensuring that the trial proceedings continue before the magistrate. The judgment reaffirmed the principle that bail should not be denied without substantial reasons, especially when a closure report had been filed by the investigating officer.

The ruling serves as an important precedent in cases where the issuance of process under Section 204 CrPC is challenged, highlighting the role of judicial scrutiny in balancing the rights of the accused and the interests of justice.


Petitioner Name: Sandip Pandey @ Sandeep Kumar Pandey.
Respondent Name: M/s. Shivam Builders and Developers & Anr..
Judgment By: Justice Kurian Joseph, Justice Sanjay Kishan Kaul.
Place Of Incident: Bilaspur, Chhattisgarh.
Judgment Date: 24-09-2018.

Don’t miss out on the full details! Download the complete judgment in PDF format below and gain valuable insights instantly!

Download Judgment: Sandip Pandey @ Sand vs Ms. Shivam Builders Supreme Court of India Judgment Dated 24-09-2018.pdf

Direct Downlaod Judgment: Direct downlaod this Judgment

See all petitions in Bail and Anticipatory Bail
See all petitions in Fundamental Rights
See all petitions in Public Interest Litigation
See all petitions in Judgment by Kurian Joseph
See all petitions in Judgment by Sanjay Kishan Kaul
See all petitions in allowed
See all petitions in supreme court of India judgments September 2018
See all petitions in 2018 judgments

See all posts in Criminal Cases Category
See all allowed petitions in Criminal Cases Category
See all Dismissed petitions in Criminal Cases Category
See all partially allowed petitions in Criminal Cases Category

Similar Posts