Supreme Court - Daily Orders
Mohit Dhankar vs Central Bureau Of Investigation on 1 November, 2022
Bench: A.S. Bopanna, Pamidighantam Sri Narasimha
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 1870 OF 2022
(Arising out of SLP (CRL.) No.7935/2022 )
MOHIT DHANKAR APPELLANT(S)
VERSUS
CENTRAL BUREAU OF INVESTIGATION & ANR. Respondent(s)
O R D E R
Leave granted.
The appellant is before this Court assailing the order dated 22.08.2022 passed by the High Court whereby the application filed by the appellant under Section 439 of Cr.P.C. seeking bail has been rejected. The respondents on being notified have appeared and filed their objections.
Heard learned Senior counsel appearing for the appellant as also the learned Additional Solicitor General appearing for the respondents and perused the appeal papers.
It is no doubt true that a serious allegation of demanding bribe to dilute the cases against the complainant has been made against the appellant. Though that be the position, from the records we notice that the investigation has been completed and the charge sheet has been filed. The learned ASG would however contend that if a senior officer like that of the appellant is released on bail there is likelihood of him influencing the witnesses and Signature Not Verified interfering with the course of justice. Digitally signed by NEETA SAPRA Date: 2022.11.01
In that regard we make it 17:42:30 IST Reason:
clear that while releasing the appellant, appropriate conditions are to be imposed by the trial court and it is needless to mention 1 that one of the conditions certainly would be to indicate that the appellant shall not interfere in the course of justice or influence the witnesses.
It is further made clear that if there is any violation of such conditions and adequate material in that regard is available, it would certainly be open for the respondent to seek for cancellation of bail Hence, we are of the opinion that this aspect of the matter having been taken note so as to allay the apprehension, a perusal of the other materials on record indicate that the co-accused have already been granted bail, the trial is yet to progress and completion of the trial would take some time. Therefore, keeping all these aspects in view, we are of the opinion that the prayer made in this appeal is liable to be granted.
Accordingly, we order that the appellant be released on bail subject to the appropriate conditions being imposed by the trial court. As already indicated above appropriate conditions with regard to the appellant not interfering with the course of justice or influencing the witnesses shall also be appropriately imposed by the trial court.
In terms of the above, the appeal stands disposed of.
……………………………………………………………………J. [A.S. BOPANNA] ………………………….……………………………………………….J. [PAMIDIGHANTAM SRI NARASIMHA] NEW DELHI;
NOVEMBER 01, 2022
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ITEM NO.20 COURT NO.14 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
Petition for Special Leave to Appeal (Crl.) No.7935/2022
(Arising out of impugned final judgment and order dated 22-08-2022 in BA No. 1888/2022 passed by the High Court of Delhi at New Delhi) MOHIT DHANKAR Petitioner(s) VERSUS CENTRAL BUREAU OF INVESTIGATION & ANR. Respondent(s) (IA No. 123525/2022 - APPLICATION FOR EXEMPTION FROM FILING ORIGINAL VAKALATNAMA/OTHER DOCUMENT, IA No. 123499/2022 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT, IA No. 125727/2022 - EXEMPTION FROM FILING O.T. AND IA No. 125726/2022 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) WITH T.P.(Crl.) No. 269/2022 (XVI-A) (IA No. 54840/2022 - APPROPRIATE ORDERS/DIRECTIONS IA No. 54059/2022 - EXEMPTION FROM FILING O.T. IA No. 61550/2022 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES and IA No. 54058/2022 - STAY APPLICATION) Date : 01-11-2022 These matters were called on for hearing today. CORAM :
HON'BLE MR. JUSTICE A.S. BOPANNA HON'BLE MR. JUSTICE PAMIDIGHANTAM SRI NARASIMHA For Petitioner(s) Mr. Dama S. Naidu, Sr. Adv.
Mr. Mohit Chaudhary, Adv. Ms. Puja Sharma, Adv.
Mr. Kunal Sachdeva, Adv. Mr. Chowdhary Zulfikar Ali, Adv. Ms. Madhuri Jain, Adv.
Mr. Sanyukta Gupta, adv. Ms. Mahima Ahuja, Adv.
Mr. Prakhar Mithal, Adv. for M/S. Kings And Alliance Llp , AOR Mr. Vikram chaudhri, Sr. Adv. Mr. Rishi Sehgal, Adv.
Mr. Keshavam Chaudhri, Adv. Mr. Prabneer Swani, Adv. Mr. Arjun Malik, Adv.
Mr. Devanshu Yadav, Adv.3
Ms. Arveen Sekhon, Adv.
for Ms. Anzu. K. Varkey, AOR For Respondent(s) Mr. Vikramjit Banerjee, ASG Mr. Nachiketa Joshi, Adv. Mr. P.V. Yogeshwaran, Adv. Mr. Merusagar Samantray, Adv. Mr. Deepabali Dutta, Adv. Mr. Prashant Rawat, Adv. Mr. Tathagat Sharma, Adv. Mr. Arvind Kumar Sharma, AOR Mr. Balbir Singh LD ASG Mr. M.K.Maroria AOR Mr. Durga Dutt, Adv.
Ms. Monica Benjamin, Adv. Mr. Shyam Gopal, Adv.
Ms. Vishakha, Adv.
Mr. Vikram Chaudhri, Sr.Adv. Mr. Rishi Sehgal, Adv.
Mr. Arjun Malik, Adv.
Mr. Nikhil Jain, AOR Ms. Hargun Sandhu, Adv. Ms. Prabhneer Swani, Adv. Ms. Arveen Sekhon, Adv.
Mr. Aman Varma, AOR UPON hearing the counsel the Court made the following O R D E R SLP (Crl.) No.7935/2022 Leave granted.
The appellant be released on bail subject to the appropriate conditions being imposed by the trial court.
The appeal stands disposed of in terms of signed order. Pending application(s) shall stand disposed of.T.P.(Crl.) No. 269/2022
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List after two weeks.
(RAJNI MUKHI) (DIPTI KHURANA)
COURT MASTER (SH) ASSISTANT REGISTRAR
(Signed order in r/o SLP (Crl.) No.7935/2022 is placed on the file) 4