ITEM NO.10 COURT NO.12 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
Petitions for Special Leave to Appeal (Crl.) Nos. 1558-1560/2022
(Arising out of impugned final judgment and order dated 27-01-2022 in ACB No. 110/2020,ACB No. 111/2020 and ACB No. 112/2020 passed by the High Court of Judicature at Bombay at Aurangabad)
LAXMIBAI , ETC. Petitioner(s)
VERSUS
THE STATE OF MAHARASHTRA & ANR. Respondent(s)
(IA No. 24765/2022 – EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT, IA No. 24766/2022 – EXEMPTION FROM FILING O.T., IA No. 127821/2022 – STAY APPLICATION AND I.A. NO. 179042/2022-APPLICATION FOR INTERVENTION)
Date : 12-01-2023 These matters were called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE A.S. BOPANNA
HON’BLE MR. JUSTICE C.T. RAVIKUMAR
For Petitioner(s) Mr. Sudhanshu S. Choudhari, AOR
For Respondent(s) Mr. Aaditya Aniruddha Pande, AOR
Mr. Siddharth Dharmadhikari, Adv.
Mr. Bharat Bagla, Adv.
Ms. Kirti Dadheech, Adv.
Mr. Pulkit Agarwal, AOR
Mr. Akshay Tilve, Adv.
Mr. Sudhanshu Kaushesh, Adv.
Mr. Sandeep Mayure, Adv.
Mr. Pulkit Agarwal, AOR
Mr. Akshay Tilve, Adv.
Mr. Sudhanshu Kaushesh, Adv.
Mr. Sandeep Mayure, Adv.
UPON hearing the counsel the Court made the following
O R D E R
Heard learned counsel for the parties and perused the petition papers including the Objection Statement.
1 SLP (Crl.)Nos. 1558-1560/2022
The bail which was granted by the trial court to the petitioner on 29.08.2020 was thereafter cancelled by the High Court through the impugned order dated 27.01.2022. At the outset, it is noted that the High Court while cancelling the bail has indicated that the trial court has granted the bail by a cryptic order. However, a perusal of the order passed by the trial court would indicate that the trial court has kept in view the nature of allegations as also the principles for grant of bail and the bail has been granted.
On the other hand, the High Court having taken note of the fact that the charge sheet has already been filed has thereafter referred to the nature of the allegations and in that circumstance has cancelled the bail as if the matter was being examined after the trial was complete.
Be that as it may, in the matter of the present nature where the charge sheet has already been filed and the bail which was granted on 29.08.2020 was subsequently cancelled and presently nearly a year has elapsed, it would not be justified to send back the petitioner into custody. In any event, the trial is pending, the petitioner is required to participate diligently in the trial without violating any of the conditions imposed by the trial court while granting bail.
SLP (Crl.)Nos. 1558-1560/2022
2 In that view, the impugned order dated 27.01.2022 is set aside and the order dated 29.08.2020 passed by the trial court granting bail to the petitioner is restored. With the said observation, the special leave petitions stand disposed of. Pending application(s) alongwith application for intervention shall also stand disposed of.
(RAJNI MUKHI) (DIPTI KHURANA)
COURT MASTER (SH) ASSISTANT REGISTRAR
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