1 IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO(s)……./2023 Arising out of SLP(Criminal) No. 7096/2022
ROBIN C ABRAHAM Appellant(s)
VERSUS
THE STATE OF MAHARASHTRA Respondent(s)
O R D E R
Leave granted.
Heard learned counsel appearing for the parties.
The appellants pleas for pre-arrest bail has been rejected by the High Court on prima facie finding that complicity of the appellant has been made out in the offences in which he is arraigned as accused. The allegations relate to offences punishable under Section 370(3) read with Section 34 of Indian Penal Code, 1860 and Sections 3, 4 and 5 of the Immoral Traffic (Prevention) Act, 1956.
2The appellants role in the alleged crime is as the owner of the premises from where the offences have allegedly been committed. Learned counsel for the appellant submits that he has already joined investigation. Learned counsel for the State submits that investigation is almost complete. In the given circumstances, in our opinion, the custodial interrogation of the appellant would not be necessary as there is no allegation of his non-cooperation with the Investigating Agency.
We, accordingly, set aside the impugned order and direct that in case of arrest of the appellant in the subject-proceeding, he shall be released on bail on such terms the Trial Court may consider fit and proper. This order is being passed on condition that the appellant shall cooperate with the Investigating Agency and in the event charges are framed, he shall participate in the trial and not try to delay the trial in any manner whatsoever. The appeal is allowed in the above terms. There shall be no order as to costs. ……………..J.
[ANIRUDDHA BOSE] ………….J.
[SUDHANSHU DHULIA]
New Delhi.
January 30, 2023.
3 ITEM NO.5 COURT NO.11 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). 7096/2022
(Arising out of impugned final judgment and order dated 11-07-2022
in ABA No. 1851/2022 passed by the High Court Of Judicature At
Bombay)
ROBIN C ABRAHAM Petitioner(s)
VERSUS
THE STATE OF MAHARASHTRA Respondent(s)
Date : 30-01-2023 This petition was called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE ANIRUDDHA BOSE
HON’BLE MR. JUSTICE SUDHANSHU DHULIA
For Petitioner(s) Mr. Dhiraj Abraham Philip, AOR
Mr. K.n. Bhargavan, Adv.
Mr. Saurabh Bhargavan, Adv.
Mr. Samuel David, Adv.
For Respondent(s) Mr. Anand Dilip Landge, Adv.
Mr. Siddharth Dharmadhikari, Adv.
Mr. Aaditya Aniruddha Pande, AOR
Mr. Bharat Bagla, Adv.
Ms. Kirti Dadheech, Adv.
UPON hearing the counsel the Court made the following
O R D E R
Leave granted.
I n case of arrest of the appellant in the subject-proceeding, he shall be released on bail on such terms the Trial Court may consider fit and proper. The appeal is allowed in terms of the signed order.
4 Pending application(s), if any, shall also stand disposed of.
(JATINDER KAUR) (VIDYA NEGI)
SENIOR PERSONAL ASSISTANT ASSISTANT REGISTRAR
[Signed order is placed on the file]