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Supreme Court - Daily Orders

Sudhir Sharma vs State Of Mp on 1 December, 2014

Bench: V. Gopala Gowda, Rohinton Fali Nariman

                                                     1

  ITEM NO.57                                 COURT NO.11                      SECTION IIA

                               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).
  8154-8156/2014

  (Arising out of impugned final judgment and order dated 26/07/2014
  in AN No. nil/2014,10/09/2014 in AN No. 4573/2014,25/08/2014 in AN
  No. 4287/2014 passed by the Session Court Bhopal)

  SUDHIR SHARMA                                                               Petitioner(s)

                                                    VERSUS

  STATE OF MP                                                                 Respondent(s)

  (with appln. (s) for exemption from filing O.T. and permission to
  bring additional facts and documents on record and permission to
  file additional documents and permission to file lengthy list of
  dates and office report)

  WITH
  SLP(Crl) No. 8158/2014
  (With appln.(s) for permission to file additional documents and
  Interim Relief and Office Report)

   SLP(Crl) No. 5921/2014
  (With appln.(s) for anticipatory bail and exemption from filing
  O.T. and permission to file additional documents and Office
  Report)

  Date :                 01/12/2014    These    petitions    were   called    on   for   hearing
  today.

  CORAM :
                         HON'BLE MR. JUSTICE V. GOPALA GOWDA
                         HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN

  For Petitioner(s)                    Mr.   Gopal Subramanium, Sr. Adv.
                                       Mr.   Harin P. Raval, Sr. Adv.
                                       Mr.   Shiv Mangal Sharma, Adv.
                                       Mr.   Akshat Anand, Adv.
Signature Not Verified
                                       Ms.   Anjali Chauhan, Adv.
Digitally signed by
                                       M/s   Aura & Co.
Vinod Kumar
Date: 2014.12.01
16:19:21 IST
Reason:
                                       Mr. Vivek Tankha, Sr. Adv.
                                       Mr. Akshat Shrivastava,Adv.
                                       Mr. D. Kumananan, Adv.
                                          2

For Respondent(s)         Mr. L.N. Rao, ASG
                          Mr. Mishra Saurabh,Adv.

                          Mr. V. Shukla, Adv.


           UPON hearing the counsel the Court made the following
                              O R D E R

SLP (Crl.)No(s). 8154-8156/2014 and SLP(Crl) No. 8158/2014 We defer these matters for two weeks to facilitate the petitioner(s) to approach the High Court seeking anticipatory bail/regular bail. If such an application is filed, the High Court shall consider the same on its merits, uninfluenced by any observation made in the earlier orders, and dispose of the same within two weeks of filing the application.

List these matters after two weeks.

SLP(Crl) No. 5921/2014 Heard learned senior counsel for the petitioner and learned counsel for the respondent. The attention was drawn to the statement of the witnesses. It is stated by learned senior counsel for the petitioner that two other accused persons are already granted bail. Uncle has been granted anticipatory bail and the son has been granted regular bail. This Court vide order dated 5.8.2014 granted interim protection by passing the following order:

“Issue notice returnable within four weeks. Dast, in additon, is permitted.
3
In the meantime, petitioner shall not be arrested in connection with FIR No. 14/2013 dated 20th November, 2013 registered at Police Station S.T.F. Bhopal. However, if so required, petitioner will cooperate with the police in the matter of investigation.” In view of the aforesaid fact which is in relation to the grant of bail in the same case in favour of the two persons we think it just and proper to confirm the interim protection granted by this Court on 5.8.2014 on such terms and conditions that may be imposed by the trial Judge. The Special Leave Petition is disposed of accordingly.
    (VINOD KUMAR)                                 (MALA KUMARI SHARMA)
     COURT MASTER                                   COURT MASTER