Supreme Court - Daily Orders
Saheer E P vs National Investigation Agency on 13 December, 2024
Bench: Abhay S. Oka, Pankaj Mithal
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO(S).5272 OF 2024
(ARISING OUT OF S.L.P. (CRIMINAL) NO(S). 12691/2024)
SAHEER E P APPELLANT(S)
VERSUS
NATIONAL INVESTIGATION AGENCY RESPONDENT(S)
O R D E R
When this Court was inclined to reject the application seeking intervention, the learned senior counsel appearing for the applicant seeks permission to withdraw the same. Accordingly, IA No.278362/2024 is disposed of as withdrawn.
Leave granted.
Heard the learned counsel appearing for the parties. A charge-sheet has been filed in which the offences alleged against the appellant are under Section 19 of the Unlawful Activities (Prevention) Act, 1967 and Section 212 of the Indian Penal Code, 1860. No antecedents of the appellant have been reported. The appellant has been incarcerated for a period of more than 11 months. Even charge is not framed. 145 witnesses have been cited. Therefore, the trial is not likely to commence in near future.
Hence, in the facts of the case of the appellant, he deserves to be enlarged on bail on appropriate stringent terms and conditions pending the trial. Accordingly, we direct that the appellant Signature Not Verified shall be produced before the Special Court within a Digitally signed by ASHISH KONDLE Date: 2024.12.16 maximum period of one week from today. 18:39:30 IST Reason: The Special Court shall enlarge the appellant on bail till the conclusion of the trial on CRL. APP. @ SLP (CRL.) NO. 12691/2024 1 appropriate stringent terms and conditions including the condition of regularly and punctually attending the Special Court and cooperating with the Special Court for early disposal of the case. The learned Public Prosecutor shall be heard before fixing the terms and conditions.
The Appeal is, accordingly, allowed.
..........................J. (ABHAY S. OKA) ..........................J. (PANKAJ MITHAL) NEW DELHI;
DECEMBER 13, 2024.
CRL. APP. @ SLP (CRL.) NO. 12691/2024 2
ITEM NO.7 COURT NO.5 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). 12691/2024
[Arising out of impugned final judgment and order dated 19-07-2024 in CRLA No. 673/2024 passed by the High Court of Kerala at Ernakulam] SAHEER E P Petitioner(s) VERSUS NATIONAL INVESTIGATION AGENCY Respondent(s) (IA NO.220406/2024 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES, IA NO.220407/2024 - EXEMPTION FROM FILING O.T., IA NO.220408/2024 - EXEMPTION FROM FILING AFFIDAVIT, IA NO.278362/2024 - INTERVENTION APPLICATION AND IA NO.282311/2024
- APPROPRIATE ORDERS/DIRECTIONS) Date : 13-12-2024 This petition was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE ABHAY S. OKA HON'BLE MR. JUSTICE PANKAJ MITHAL For Petitioner(s) Dr. Aditya Sondhi, Sr. Adv.
Mr. Abdulla Naseeh V.T., AOR Ms. Abreeda Banu, Adv.
Ms. Rachel Sara James, Adv.
For Respondent(s) Ms. Aishwarya Bhati, A.S.G. Mr. Rajat Nair, Adv.
Mrs. Chitrangda Rastravara, Adv. Ms. Shivika Mehra, Adv. Mr. B.K. Satija, Adv.
Mr. Anmol Chandan, Adv. Mr. Arvind Kumar Sharma, AOR Mr. Mukul Rohatgi, Sr. Adv. Mr. Vikram Chaudhri, Sr. Adv. Mr. Rishi Sehgal, Adv.
Mr. Harshit Sethi, Adv. Ms. Arveen Sekhon, Adv. Ms. Muskaan Khurana, Adv. Mr. Kartik Yadav, Adv.
Mr. Nikilesh Ramachandran, AOR CRL. APP. @ SLP (CRL.) NO. 12691/2024 3 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. The operative portion of the order reads thus:
“Hence, in the facts of the case of the appellant, he deserves to be enlarged on bail on appropriate stringent terms and conditions pending the trial. Accordingly, we direct that the appellant shall be produced before the Special Court within a maximum period of one week from today. The Special Court shall enlarge the appellant on bail till the conclusion of the trial on appropriate stringent terms and conditions including the condition of regularly and punctually attending the Special Court and cooperating with the Special Court for early disposal of the case. The learned Public Prosecutor shall be heard before fixing the terms and conditions.
The Appeal is, accordingly, allowed.” Pending applications stand disposed of accordingly.
(ASHISH KONDLE) (ANU BHALLA) COURT MASTER (SH) COURT MASTER (NSH)
[THE SIGNED ORDER IS PLACED ON THE FILE] CRL. APP. @ SLP (CRL.) NO. 12691/2024 4