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ITEM NO.9 COURT NO.4 SECTION II-A
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).519/2020
(Arising out of impugned final judgment and order dated 09-12-2019 in CRA No.1061/2012 passed by the High Court of Judicature at Bombay)
ARUN GULAB GAWALI Petitioner(s)
VERSUS
THE STATE OF MAHARASHTRA & ANR. Respondent(s)
IA No.136832/2020 – APPLICATION FOR PERMISSION
IA No.28536/2024 – EXEMPTION FROM FILING O.T.
IA No.131292/2022 – PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES
IA No.137113/2021 – PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES
WITH
SLP(Crl) No. 602/2020 (II-A)
IA No. 19248/2021 – EXEMPTION FROM FILING O.T.
IA No. 3889/2020 – EXEMPTION FROM FILING O.T.
IA No. 19247/2021 – PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES
IA No. 15082/2021 – PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES)
SLP(Crl) No. 1023/2020 (II-A)
(FOR EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT ON IA 22245/2020
FOR EXEMPTION FROM FILING O.T. ON IA 22246/2020
FOR GRANT OF BAIL ON IA 3734/2021
FOR EXTENSION OF TIME ON IA 23058/2024
IA No. 22245/2020 – EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT
IA No. 22246/2020 – EXEMPTION FROM FILING O.T.
IA No. 23058/2024 – EXTENSION OF TIME
IA No. 3734/2021 – GRANT OF BAIL)
SLP(Crl) No. 2355/2020 (II-A)
(FOR EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT ON IA
48068/2020
IA No. 48068/2020 – EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT)
SLP(Crl) No. 2354/2020 (II-A)
(FOR EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT ON IA
48066/2020
FOR EXTENSION OF TIME ON IA 253396/2023
IA No. 48066/2020 – EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT
IA No. 253396/2023 – EXTENSION OF TIME)
SLP(Crl) No. 3416/2020 (II-A)
( FOR EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT ON IA
68772/2020
FOR GRANT OF BAIL ON IA 58514/2022
FOR EXTENSION OF TIME ON IA 253420/2023
IA No. 68772/2020 – EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT
IA No. 253420/2023 – EXTENSION OF TIME
IA No. 58514/2022 – GRANT OF BAIL)
SLP(Crl) No. 3920/2020 (II-A)
(FOR EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT ON IA
81594/2020
IA No. 81594/2020 – EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT)
Date : 05-03-2024 These matters were called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE SURYA KANT
HON’BLE MR. JUSTICE K.V. VISWANATHAN
For Petitioner(s) Mrs. Nithya Ramakrishnan, Sr.Adv.
Mr. Braj Kishore Mishra, Adv.
Mr. Shantanu M.Adkar, Adv.
Ms. Bharti Tyagi, AOR
Mr. Abhisth Kumar, AOR
Mr. K.Parameshwar, Adv.
Mr. Anand Dilip Landge, AOR
Mrs. Sangeeta S Pahune Patil, Adv.
For Respondent(s) Mr. Raja Thakare, Sr. Adv.
Mr. Aaditya Aniruddha Pande, AOR
Mr. Siddharth Dharmadhikari, Adv.
Mr. Akash Kavade, Adv.
Mr. Bharat Bagla, Adv.
Mr. Sourav Singh, Adv.
Mr. Aditya Krishna, Adv.
Ms. Preet S. Phanse, Adv.
Mr. Adarsh Dubey, Adv.
UPON hearing the counsel the Court made the following
O R D E R
SLP(Crl.)No.519/2020
1. We have heard learned Senior Counsel for the petitioner as well as learned Senior Counsel representing the State of Maharashtra.
2. The Counter Affidavit dated 22.02.2024, filed by the State of Maharashtra, to the Miscellaneous Application seeking petitioners release on parole along with the Medical Board Committee Report submitted pursuant to the directions issued by this Court, have been perused.
3. In view of the recommendations made by the Medical Board to the effect that the petitioner, as of now, is required only to continue with all the prescribed medication without any further recommendation that he requires hospitalisation, we are satisfied that no case for further extension of the parole granted to him by this Court on 07.11.2023 is made out.
4. The petitioner is, accordingly, directed to surrender before the concerned jail authorities by 15.03.2024. Before that, the petitioner shall be at liberty to visit Jaslok Hospital, Mumbai, for his periodic check-up as advised by the medical consultant on 25.01.2024.
5. In case the petitioner is required visit to Jaslok Hospital again for a periodic check-up, the jail authorities shall take him to the said hospital. The petitioner shall also be provided with constant medical care in the hospital inside the jail.
6. The denial of further extension of parole is without prejudice to the petitioners right to apply for bail during the pendency of the Special Leave Petition.
SLP(Crl.)No.1023/2020
1. We have heard learned counsel for the petitioner as well as learned Senior Counsel representing the State of Maharashtra.
2. No case for further extension of the parole granted to the petitioner by this Court on 07.11.2023 is made out.
3. The petitioner is, accordingly, directed to surrender before the concerned jail authorities by 15.03.2024.
4. If the petitioner requires medical treatment, the Jail Authorities are directed to consider and ensure to provide such a treatment based on the medical examination report of the Medical
Board of a Government Hospital.
5. Leave granted in all the Special Leave Petitions.
6. List the appeals for hearing on 31.07.2024.
7. However, the applications for bail be listed on 16.04.2024.
(SATISH KUMAR YADAV) (PREETHI T.C.)
DEPUTY REGISTRAR COURT MASTER (NSH)