Supreme Court - Daily Orders
Ram Sagar vs Central Bureau Of Investigation on 26 November, 2019
Bench: Mohan M. Shantanagoudar, Krishna Murari
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 1763 OF 2019
Arising out of SLP (Crl) No. 1788 of 2019)
RAM SAGAR … Appellant
VERSUS
CENTRAL BUREAU OF INVESTIGATION … Respondent
WITH
CRIMINAL APPEAL NO. 1764 OF 2019
O R D E R
Leave granted.
The High Court, in our considered opinion, has not considered the allegations made in the charge-sheet relating to the contract matter. It has dealt with only in respect of the appointments and interpolation of the record. We also find that the reasons assigned are not sufficient to come to the conclusion. Therefore, in our considered opinion, interest of justice would be met in case the matter is reheard by the High Court so as to enable both the parties to put forth their respective case.
The impugned judgment is set aside. The matter is remitted to the the High Court for fresh hearing on the aspect of framing of charge/discharge based on the material on record collected in both Signature Not Verified the charge sheets.
Digitally signed by GULSHAN KUMAR ARORA Date: 2019.11.30 11:58:12 IST Reason:The appeals are, accordingly, allowed. We hope and trust that the High Court will decide the matter as mentioned supra at an early date.
……………………………………………………………………,J. (Mohan M. Shantanagoudar) ……………………………………………………………………,J. (Krishna Murari) New Delhi;
November 26, 2019 ITEM NO.21 COURT NO.13 SECTION II 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). 1788/2019 (Arising out of impugned final judgment and order dated 15-11-2018 in CRLR No.314/2016 passed by the High Court of Uttarakhand at Nainital) RAM SAGAR Appellant(s) VERSUS CENTRAL BUREAU OF INVESTIGATION Respondent(s) (IA No. 31154/2019 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT IA No. 31159/2019 - PERMISSION TO FILE LENGTHY LIST OF DATES) WITH SLP (Crl.) No(s). 1995/2019 (II) (IA No. 34561/2019 - EXEMPTION FROM FILING O.T. IA No. 34563/2019 - PERMISSION TO FILE LENGTHY LIST OF DATES) Date : 26-11-2019 These matters were called on for hearing today.
CORAM : HON'BLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR HON'BLE MR. JUSTICE KRISHNA MURARI For Appellant(s) Mr. P.S. Narasimha, Sr. Adv.
Mr. P.K. Dey, Adv.
Ms. Shreyasi Chakraborty, Adv. Ms. Shilpi Dey Auditya, Adv.
Mr. Rahul G. Tanwani, Adv.
Kanti, Adv.
Mr. Vijay Pal Singh, Adv.
Mr. Ansar Ahmad Chaudhary, AOR For Respondent(s) Ms. Aishwarya Bhati, Sr. Adv.
Ms. Vishakha, Adv.
Ms. Ranjana Narayan, Adv.
Mr. Arvind Kumar Sharma, AOR Ms. Ranjana Narayan, Adv.
Ms. Oorjasvi, Adv.
UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeals are allowed in terms of the signed order.
(GULSHAN KUMAR ARORA) (R.S. NARAYANAN)
COURT MASTER COURT MASTER
(Signed order is placed on the file)