IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. OF 2023
(DIARY NO. 20933 OF 2022)
FLIGHT LIEUTENANT MPS GODARA ….. APPELLANT
VERSUS
UNION OF INDIA AND OTHERS ….. RESPONDENTS
O R D E R
Delay in re-filing is condoned.
Permission to appear and argue in-person is granted. Leave to appeal is granted. We have heard the appellant, who appears in-person. The impugned order under challenge dated 06.04.2017 rejects the application for bail. The appellant is now on bail, and hence this appeal is infructuous. However, the appellant has argued that because of the rejection of bail vide order dated 06.04.2017, certain statutory rights were denied to the appellant. It is stated by the appellant that he has challenged the order dated 12.04.2017 and other orders in O.A.(Appeal) No. 948/2017, which is pending before the Armed Forces Tribunal,
Principal Bench, New Delhi.
It is open to the appellant to raise all pleas and contentions in accordance with law in O.A.(Appeal) No. 948/2017. In view of the above, the appellant seeks liberty to withdraw the 1present appeal.
Recording the aforesaid and in view of the statement made by the appellant, the present appeals are dismissed as withdrawn with liberty to the appellant to raise all pleas and contentions before the Armed Forces Appellate Tribunal, in accordance with law. We clarify that we have made no comments on the merits, or the impact/effect of the impugned order dated 06.04.2017. The appellant�s right to challenge the order dated 06.04.2017 post the
decision of O.A.(Appeal) No. 948/2017 is also protected/granted. ………………J.
(SANJIV KHANNA) ………………J.
(M.M. SUNDRESH)
NEW DELHI;
JANUARY 23, 2023.
PS
2ITEM NO.32 COURT NO.7 SECTION II-C S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
CRIMINAL APPEAL DIARY NO(S). 20933/2022
(Arising out of impugned judgment and order dated 06-04-2017 in MA No. 416/2017 and 02.05.2022 in M.A. No. 1140/2022 in MA 416/2017 &MA 546/2017 passed by the Armed Forces Tribunal, Principal Bemch, New Delhi.)
FLIGHT LIEUTENANT MPS GODARA PETITIONER(S)
VERSUS
UNION OF INDIA & ORS. RESPONDENT(S) (FOR ADMISSION and IA No.187629/2022-CONDONATION OF DELAY IN REFILING / CURING THE DEFECTS and IA No.187627/2022-PERMISSION TO APPEAR AND ARGUE IN PERSON and IA No.187631/2022-LEAVE TO APPEAL U/S 31(1) OF THE ARMED FORCES TRIBUNAL ACT, 2007 )
Date : 23-01-2023 This petition was called on for hearing today.
CORAM : HON’BLE MR. JUSTICE SANJIV KHANNA
HON’BLE MR. JUSTICE M.M. SUNDRESH
For Petitioner(s) Petitioner-in-person
For Respondent(s)
UPON hearing the counsel, the Court made the following
O R D E R
Delay in re-filing is condoned.
Permission to appear and argue in-person is granted.
Leave to appeal is granted.The appeals are dismissed as withdrawn in terms of the signed order.
(POOJA SHARMA)
COURT MASTER (SH) (R.S. NARAYANAN)
COURT MASTER (NSH)
(Signed order is placed on the file.)
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