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Supreme Court - Daily Orders

S. Pawan Kumar Gupta vs State Of Telangana on 29 November, 2016

Bench: A.K. Sikri, Abhay Manohar Sapre

     ITEM NO.5                                COURT NO.9                   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.)......
                                                 CRLMP No. 17910/2016

     (Arising out of impugned final judgment and order dated 25/10/2016
     in CRLP No. 12230/2016 passed by the High Court of Judicature at
     Hyderabad for the State of Telangana and the State of Andhra
     Pradesh)

     S. PAWAN KUMAR GUPTA                                                    Petitioner(s)

                                                      VERSUS

     STATE OF TELANGANA AND ANR.                                             Respondent(s)

     (With permission to file SLP without c/copy as well as plain copy
     of impugned order, interim relief and office report)

     Date : 29/11/2016 This matter was called on for hearing today.

     CORAM :
                           HON'BLE MR. JUSTICE A.K. SIKRI
                           HON'BLE MR. JUSTICE ABHAY MANOHAR SAPRE

     For Petitioner(s)                  Dr.   A. M. Singhvi, Sr. Adv.
                                        Mr.   Siddharth Luthra, Sr. Adv.
                                        Mr.   Gaurav Kejriwal, Adv.
                                        Mr.   Sujit Keshri, Adv.

     For Respondent(s)                  Mr.   Gopal Subramanium, Sr. Adv.
                                        Mr.   Anirban Bhattacharya, Adv.
                                        Mr.   Shikher Deep Aggarwal, Adv.
                                        Mr.   Sanyam Khetarpal, Adv.
                                        Mr.   Abhay Kumar, Adv.

                                        Mr. Shekhar Naphade, Sr. Adv.

                                        Mr. S. Udaya Kumar Sagar, Adv.

                            UPON hearing the counsel the Court made the following
                                               O R D E R
Signature Not Verified We have heard learned counsel for the parties at Digitally signed by NIDHI AHUJA Date: 2016.11.29 17:21:24 IST Reason: length.

We are of the opinion that it is not a fit case for 1 SLP CRLMP No. 17910/2016 interfering with the impugned order of the High Court cancelling anticipatory bail which was granted by the Additional Metropolitan Sessions Judge.

However, the High Court in the impugned order has also directed the petitioner to surrender. This direction of the High Court may not be correct as the High Court was dealing only with the application for anticipatory bail. That direction of the High Court is, accordingly, set aside.

Subject to the aforesaid, insofar as the impugned order of the High Court cancelling the anticipatory bail granted to the petitioner by the Additional Metropolitan Sessions Judge is concerned, the same is upheld.

We also clarify that it is for the investigating agency to take any further steps which it wants to take in accordance with law.

The special leave petition is, accordingly, disposed of.

Pending application stands disposed of.

           (Nidhi Ahuja)                               (Mala Kumari Sharma)
           Court Master                                    Court Master




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