Supreme Court - Daily Orders
Arif Khan vs State (Govt Of Nct Of Delhi) on 28 July, 2023
Bench: C.T. Ravikumar, Sanjay Kumar
1
ITEM NO.10 COURT NO.16 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(s) for Special Leave to Appeal (Crl.) No.8610/2023
(Arising out of impugned final judgment and order dated 18-04-2023
in CRLMC No. 2164/2023 passed by the High Court of Delhi at New
Delhi)
ARIF KHAN Petitioner(s)
VERSUS
STATE (GOVT OF NCT OF DELHI) Respondent(s)
(FOR ADMISSION and I.R. and IA No.134901/2023-EXEMPTION FROM FILING
C/C OF THE IMPUGNED JUDGMENT )
Date : 28-07-2023 This petition was called on for hearing today.
CORAM : HON'BLE MR. JUSTICE C.T. RAVIKUMAR
HON'BLE MR. JUSTICE SANJAY KUMAR
For Petitioner(s) Mr. Akshay Bhandari, Adv.
Mr. Ashish Batra, AOR
For Respondent(s) Ms. Aishwarya Bhati, A.S.G.
Mr. Prashant Rawat, Adv.
Ms. Megha Karanwal, Adv.
Mr. Harish Pandey, Adv.
Mr. Merusagar Samantaray, Adv.
Dr. N. Visakamurthy, Adv.
Mr. Shreekant Neelappa Terdal, AOR
Ms. Poornima Singh, Adv.
Ms. Anuradha, Adv.
Mr. Harish Pandey, Adv.
Ms. Megha K., Adv.
Mr. S.N. Terdal, AOR
UPON hearing the counsel the Court made the following
O R D E R
1. Signature Not Verified Heard learned counsel on both sides. Evidently, the larger question, rather, the primary question to be considered in this Digitally signed by Vijay Kumar Date: 2023.07.28 14:59:17 IST Reason: matter is whether the petitioner had accrued the right to seek statutory bail as the chargesheet was unaccompanied by FSL report, and in other words, about completeness or otherwise of the charge 2 owing to its unaccompaniment. That question is now pending consideration in a batch of petitions. Evidently, it would take sometime for hearing this petition.
2. Taking note of the similar situation, this Court on 01.05.2023 in the case of Divyas Bardewa v. Narcotics Control Bureau, granted interim bail to the petitioner-therein pending consideration of the Special Leave Petition SLP(Crl) Nos.8164-8166/2021 and other similar petitions posing consideration of the question referred above.
3. In that view of the matter, we are of the considered view that the petitioner is also entitled to the similar benefit. Consequently, we direct that the petitioner be released on bail subject to the petitioner participating in the trial and also subject to the terms and conditions to be imposed by the Trial Court. In that regard, the petitioner shall be produced before the Trial Court.
4. List this matter along with the other connected matter(s), forthwith.
(VIJAY KUMAR) (MATHEW ABRAHAM) COURT MASTER (SH) COURT MASTER (NSH)