Supreme Court - Daily Orders
Avneesh Kumar Gupta vs Cbi Thr S.P.E. Dehradun on 16 December, 2016
Bench: Pinaki Chandra Ghose, Uday Umesh Lalit
ITEM NO.2 COURT NO.7 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.) No(s). 7908/2016
(Arising out of impugned final judgment and order dated 14/09/2016
in BA Nos. 489/2016 & 607/2016 passed by the High Court of
Uttarakhand at Nainital)
AVNEESH KUMAR GUPTA Petitioner(s)
VERSUS
CBI THR S.P.E. DEHRADUN Respondent(s)
(With interim relief and office report)
WITH
SLP(Crl) No. 8378/2016
(With Interim Relief and Office Report)
Date: 16/12/2016 These petitions were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE PINAKI CHANDRA GHOSE
HON'BLE MR. JUSTICE UDAY UMESH LALIT
For Petitioner(s)
Mr. S. Prasad, Sr. Adv.
Mr. Ankur Prakash, AOR
Mr. Rajneesh Kumar Gupta, Adv.
Ms. Priyanka Singh, Adv.
Mr. Amit Shukla, Adv.
Mr. Arvind Kr. Shukla, Adv.
Ms. Kumudini Shukla, Adv.
Mr. Alok Shukla, AOR
For Respondent(s)
Ms. Vibha Dutta Makhija, Sr. Adv
Mr. A.K. Srivastava, Adv.
Ms. Disha Vaish, Adv.
Ms. Movita, Adv.
Ms. Akhila J., Adv.
Mr. Mukesh Kumar Maroria, AOR
UPON hearing the counsel the Court made the following
Signature Not Verified
O R D E R
Digitally signed by VISHAL ANAND Date: 2016.12.16 17:36:39 IST Reason: We have heard the learned Senior counsel appearing for the parties.
-2-It is informed by the learned Senior counsel appearing for the petitioners that they have been inside Jail for about more than 10 months.
After having heard the learned Senior counsel appearing for the parties and having regard to the fact that the petitioners have already undergone 10 months in custody, we are inclined to grant them bail, subject to their furnishing bail bonds in a sum of Rs.50,000/- with two sureties each in the like amount and further subject to the following conditions:-
1) The petitioners shall get their presence marked before the concerned officer-in-charge/S.H.O. of the Police Station once in a month;
2) The petitioners shall not attempt to threaten or pressurize prosecution witnesses in any manner whatsoever;
3) The petitioners would produce their latest and full residential address in the concerned Trial Court/Police Station while obtaining bail and they shall not change their address without the prior permission of the Court;
4) The petitioners shall not leave the border of Uttarakhand State without the prior permission of the concerned Court;
5) If the petitioners are holding a passport, the same would be produced in the concerned Trial Court and if not, they should produce affidavit in that regard.
In the event of necessity of any further condition, depending on the attendant facts and circumstances, it would be open for the concerned Trial Court to prescribe the same.
In case of any breach of the conditions, this Court, on being informed thereof, would, if inclined, initiate suo motu steps for cancellation of the bail, which is hereby granted.
The Special Leave Petitions are disposed of on the afore-stated terms.
(VISHAL ANAND) (SNEH LATA SHARMA)
COURT MASTER COURT MASTER