Supreme Court - Daily Orders
The State Of West Bengal vs Sandip Biswas on 9 December, 2022
Bench: B.R. Gavai, Vikram Nath
1
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO._______OF 2022
(Arising out of SLP(Crl.) No. 10029 of 2022)
STATE OF WEST BENGAL Appellant (s)
VERSUS
SANDIP BISWAS Respondent(s)
WITH
CRIMINAL APPEAL NO._______OF 2022
(Arising out of SLP(Crl.) No. 10032 of 2022)
O R D E R
Leave granted.
These appeals are taken for hearing forthwith.
The appellant-State is aggrieved by the order passed by the learned Division Bench of the High Court, wherein the High Court observed thus:
“Considering the above submissions, we direct that whatever further investigation is to be carried out, must be completed by 31st October, 2022 after expiry of which the petitioner shall automatically be released on the following terms and conditions” Signature Not Verified Digitally signed by Deepak Singh Date: 2022.12.13 17:16:11 IST Reason: We find that such a direction is unknown to law as held in M.C. Abraham and Anr. Vs. State of 2 Maharashtra & Anr. reported in 2003(3) SCC 649.
The High Court even under Articles 226 and 482 of the Constitution of India does not have the power to direct the investigation to be conducted in a particular manner. As to whether bail is to be granted is solely within the discretion of the High Court. However, directing the investigating agency to conclude the investigation by a particular date and after that date directing automatic release of the appellant, in our view would be to abdicate the function of the High Court to decide the question as to whether the applicant before it was entitled to grant of bail on merits or not.
On this short ground, we are inclined to allow these appeals. The impugned judgment and order and, particularly, the aforesaid directions are quashed and set aside.
We, however, make it clear that the respondent would be entitled to file an application for bail. In case, such an application is made before the High Court, the same would be decided on its own merits within a period of three weeks from the date of filing such an application. 3
Pending applications, if any, stand disposed of.
….........................J (B.R. GAVAI) ...........................J (VIKRAM NATH) New Delhi December 09, 2022 4 ITEM NO.51 COURT NO.9 SECTION II-B 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). 10029/2022 (Arising out of impugned final judgment and order dated 14-10-2022 in CRM(DB) No. 3601/2022 passed by the High Court At Calcutta) THE STATE OF WEST BENGAL Petitioner(s) VERSUS SANDIP BISWAS Respondent(s) (IA No. 159960/2022 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT, IA No. 159961/2022 - EXEMPTION FROM FILING O.T., IA No. 159957/2022 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) WITH SLP(Crl) No. 10032/2022 (II-B) (IA No. 159981/2022 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT, IA No. 159982/2022 - EXEMPTION FROM FILING O.T., IA No. 159980/2022 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) Date : 09-12-2022 These matters were called on for hearing today. CORAM :
HON'BLE MR. JUSTICE B.R. GAVAI HON'BLE MR. JUSTICE VIKRAM NATH For Petitioner(s) Mr. Sunil Fernandes,Adv.
Mr. Ravinder Singh, Adv.
Mr. Nipun Saxena, Adv.
Ms. Raveesha Gupta, Adv.
Ms. Mantika Haryani, Adv.
Mr. Sanjeev Kaushik, Adv.
Mr. Shreyas Awasthi, Adv.
Mr. Archit Adlakha, Adv.
Mr. Divyansh Tiwari, Adv.
Ms. Saumya Saxena, Adv.
Mr. Devvrat Singh, Adv.
Ms. Astha Sharma, AOR For Respondent(s) Mr. Ardhendu Mauli Prasad, Adv.
Mr. Rajesh Sen, Adv.
Mr. Rakesh Singh, Adv.
Ms. Shibani Bhattacharjee, Adv.5
Mr. Vikas Jain, AOR Mr. Ashish Madan, Adv.
Ms. Ananya Sahu, Adv.
Ms. Trishani Sarkar, Adv.
Mr. Sidharth Luthra, Sr. Adv. Mr. Rauf Rahim, AOR Mr. Jaydeep Biswas, Adv.
Mr. Ali Asghar Rahim, Adv.
Mr. Kaushik Ghosh, Adv.
Ms. Shubhangani Jain, Adv.
Mr. Sheezan Hashmi, Adv.
UPON hearing the counsel the Court made the following O R D E R The appeals are allowed in terms of the signed order.
Pending application(s), if any, stand(s) disposed of.
(DEEPAK SINGH) (ANJU KAPOOR) COURT MASTER (SH) COURT MASTER (NSH) [Signed order is placed on the file]