Supreme Court - Daily Orders
Central Bureau Of Investigation vs Prakash Shankar Velip on 22 April, 2019
Bench: Abhay Manohar Sapre, Dinesh Maheshwari
1
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.709 OF 2019
(Arising out of S.L.P. (Crl.) No.8587/2017)
CENTRAL BUREAU OF INVESTIGATION APPELLANT(S)
VERSUS
PRAKASH SHANKAR VELIP & ORS. RESPONDENT(S)
O R D E R
Leave granted.
By impugned order the High Court dismissed the criminal revision (in Stamp Number Main No.2854/2016) filed by the appellant herein on the ground of delay of 331 days in filing the revision.
In this view, the issue which was the subject matter of the revision petition on merits was not gone into.
Having gone through the grounds urged by the appellant in their application for condonation of delay in filing the revision, we are satisfied that there was a sufficient cause for filing the criminal revision. In other words, in our view, the ground of delay in filing the criminal revision having been made out, the High Court should have condoned the delay and heard the revision Signature Not Verified petition on merits with a view to find out whether order Digitally signed by ASHOK RAJ SINGH Date: 2019.04.25 passed by the learned Additional Sessions Judge in Case 16:57:14 IST Reason:
No.12 of 2013 dated 3rd October, 2015 which was impugned in the revision was legally sustainable or not.2
We, therefore, allow the appeal, set aside the impugned order, condone the delay in filing revision petition before the High Court and remand the case to the High Court for deciding the criminal revision (Crl.Misc. Application No.198/2016 in Stamp Number Main No.2854/2016)) on merits strictly in accordance with law.
Having formed an opinion to remand the case, we have not applied our mind to the facts of the case which is the subject matter of the revision and request the High Court to decide the criminal revision on merits strictly in accordance with law without being influenced by any observations made by this court.
..........................J. [ABHAY MANOHAR SAPRE] ..........................J. [DINESH MAHESHWARI] NEW DELHI APRIL 22, 2019 3 ITEM NO.43 COURT NO.6 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).8587/2017 (Arising out of impugned final judgment and order dated 17-01-2017 in CRLMA No.198/2016 passed by the High Court of Judicature at Bombay at Goa) CENTRAL BUREAU OF INVESTIGATION PETITIONER(S) VERSUS PRAKASH SHANKAR VELIP & ORS. RESPONDENT(S) Date : 22-04-2019 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE ABHAY MANOHAR SAPRE HON'BLE MR. JUSTICE DINESH MAHESHWARI For Petitioner(s) Mr.Vikramjit Banerjee, ASG Mr.Arvind Kumar Sharma, Adv. Mr.Pranay Ranjan, Adv. Mr.Sanjay Kr. Visen, Adv. Mr.Vaibhav Chadha, Adv. Mr.Ayush Anand, Adv.
Mr.Mukesh Kumar Maroria, AOR For Respondent(s) Mr.Sidhartha Dave, Sr.Adv. Mr.Jayant Mohan, Adv.
Ms.Meenakshi Chatterjee, Adv.
UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeal is allowed in terms of the signed order.
Pending applications, if any, stand disposed of.
(Ashok Raj Singh) (Chander Bala)
Court Master Court Master
(Signed Order is placed in the file)