Supreme Court - Daily Orders
Ramkrishna Premchand Dubey vs The State Of Maharashtra on 3 June, 2022
Bench: Ajay Rastogi, B.V. Nagarathna
1
ITEM NO.14 COURT NO.2 SECTION II-A
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).5200-5217/2022
(Arising out of impugned final judgment and order dated 05-04-2022
in CRLA(APPP) No. 394/2022 05-04-2022 in CRLA(APPP) No. 395/2022
05-04-2022 in CRLA(APPP) No. 396/2022 05-04-2022 in CRLA(APPP) No.
397/2022 05-04-2022 in CRLA(APPP) No. 398/2022 05-04-2022 in
CRLA(APPP) No. 399/2022 05-04-2022 in CRLA(APPP) No. 400/2022 05-
04-2022 in CRLA(APPP) No. 401/2022 05-04-2022 in CRLA(APPP) No.
424/2022 09-07-2021 in CRABA No. 18/2021 06-10-2021 in CRABA No.
952/2021 06-10-2021 in CRABA No. 953/2021 06-10-2021 in CRABA No.
958/2021 06-10-2021 in CRABA No. 959/2021 06-10-2021 in CRABA No.
984/2021 06-10-2021 in CRABA No. 996/2021 03-12-2021 in CRABA No.
1185/2021 10-01-2022 in CRABA No. 1270/2021 passed by the High
Court Of Judicature At Bombay At Nagpur)
RAMKRISHNA PREMCHAND DUBEY & ANR. Petitioner(s)
VERSUS
THE STATE OF MAHARASHTRA & ANR. Respondent(s)
(FOR ADMISSION and I.R. and IA No.79490/2022-EXEMPTION FROM FILING
C/C OF THE IMPUGNED JUDGMENT and IA No.79491/2022-EXEMPTION FROM
FILING O.T. )
Date : 03-06-2022 These petitions were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE AJAY RASTOGI
HON'BLE MRS. JUSTICE B.V. NAGARATHNA
(VACATION BENCH)
For Petitioner(s) Mr. Alakh Alok Srivastava, AOR
Mr. Chandan Kumar Singh, Adv.
For Respondent(s) Mr. Sachin Patil, AOR
Mr. Rahul Chitnis, Adv.
Mr. Aaditya A. Pande, Adv.
Mr. Geo Joseph, Adv.
Ms. Shewtal Shepal, Adv.
Signature Not Verified
UPON hearing the counsel the Court made the following
O R D E R
Digitally signed by NEETU KHAJURIA Date: 2022.06.03 19:19:16 IST Reason: The present petitions have been filed by the petitioners (Ramkrishna Premchand Dubey and 2 Satishchandra Bhagwatiprasad Mishra), who although were granted bail in all the cases, which is stated to be 26 in number. The details of which are as under:
A CHART CONSISTING OF THE DETAILS OF 26 SIMILAR FIRS REGISTERED AT VARIOUS DISTRICTS OF THE STATE OF MAHARASHTRA IN THE INSTANT CASE. SN. POLICE STATION NAME CRIME NO. ALLEGED OFFENCES
1. Sitabudi Nagpur 379/99 U/s 420/406/34 of IPC and u/s 3 of MPID Act.
2. Tahsil Police Station, 218/99 U/s 420/406/34 of IPC and Nagpur u/s 3 of MPID Act.
3. Kamthi, Nagpur Rural 244/99 U/s 420/406/34 of IPC and u/s 3 of MPID Act.
4. Chandur Railway, 114/99 U/s 420/406/34 of IPC and Amravati Rural Police u/s 3 of MPID Act.
Station
5. Karanja Washim Police 151/99 U/s 420/406/34 of IPC and Station u/s 3 of MPID Act.
6. Mangrulpeer Washim 154/99 U/s 420/406/34 of IPC and Police Station u/s 3 of MPID Act.
7. Paratvada, Amravati 144/99 U/s 420/406/34 of IPC and Police Station u/s 3 of MPID Act.
8. Chandur Bazar, Amravati 179/99 U/s 420/406/34 of IPC and u/s 3 of MPID Act.
9. City Kotwali Police 191/99 U/s 420/406/34 of IPC and statin, Amravati u/s 3 of MPID Act.
10. Deualgaonraja Buldhana 57/99 U/s 420/406/34 of IPC and Police station u/s 3 of MPID Act.
11. Shahupuri Kolhapur 200/2000 U/s 420/406/34 of IPC and Police Station u/s 3 of MPID Act.
12. Ratnagiri Police 15/2000 U/s 420/406/34 of IPC and Station u/s 3 of MPID Act.
13. Ramdaspeth Police 156/99 U/s 420/406/34 of IPC and 3 Station, Akola u/s 3 of MPID Act.
14. Pusad, Yawatmal Police 261/99 U/s 420/406/34 of IPC and Station u/s 3 of MPID Act.
15. Wani Yavatmal Police 173/99 U/s 420/406/34 of IPC and Station u/s 3 of MPID Act.
16. Yavatmal Police Station 451/99 U/s 420/406/34 of IPC and u/s 3 of MPID Act.
17. Bhandara Police Station 244/99 U/s 420/406/34 of IPC and u/s 3 of MPID Act.
18. Warora Chadrapur Police 158/99 U/s 420/406/34 of IPC and Station u/s 3 of MPID Act.
19. Chandrapur Police 179/99 U/s 420/406/34 of IPC and Station u/s 3 of MPID Act.
20. Ballarsha, Chandrapur 149/99 U/s 420/406/34 of IPC and Police Station u/s 3 of MPID Act.
21. Naupada, Thane Police 254/99 U/s 420/406/34 of IPC and Station u/s 3 of MPID Act.
22. Mumbra Thane Police 291/99 U/s 420/406/34 of IPC and Station u/s 3 of MPID Act.
23. Shivaji Police Station 103/99 U/s 420/406/34 of IPC and Latur u/s 3 of MPID Act.
24. Beed City Police 260/99 U/s 420/406/34 of IPC and Station Beed u/s 3 of MPID Act.
25. Ambejogai Police 196/99 U/s 420/406/34 of IPC and Station Beed u/s 3 of MPID Act.
26. Pulgaon Police Station 133/99 U/s 420/406/34 of IPC and Wardha u/s 3 of MPID Act.
The grievance of the petitioners is that in all the cases, while granting them bail, one of the conditions put by the High Court is that the petitioners have to execute a personal bond of Rs.1,00,000/- (Rupees one lakh only) and two 4 solvent sureties who are respectable permanent residents of Nagpur, where the commission of crime was committed. Although, the High Court later reduced it to Rs.75,000/- and rest of the conditions continue to be the same.
Learned counsel for the petitioners submit that they are the residents of Uttar Pradesh and despite order of bail was granted to them, they are unable to comply with the conditions on which bail was granted to them and could not have been released on bail, so far.
After we have heard the learned counsel for the parties, we consider it appropriate to modify the terms as follows:
In reference to Crime No. 144/1999(Item 7) registered with Police Station Paratvada, Amravati Police Station and Crime No. 179/1999(Item 8) registered with Police Station Chandur Bazar, Amravati, the petitioners shall furnish a personal bond of Rs. 50,000/- each with one solvent surety of Rs.10,000/- each respectively, which can be from outside the State of Maharashtra as well.
But at the same time, in all the aforementioned other cases where the bail has been granted to the petitioners may furnish personal bond of Rs. 50,000/- each and on compliance of such conditions the petitioners shall be released on bail to the 5 satisfaction of the Trial Court and other terms and conditions shall remain the same.
Needless to say that the petitioners are under obligation to comply with all the conditions on which bail has been granted to them.
With the aforesaid modification, the Special Leave Petitions stands disposed of.
Pending application(s), if any, shall stand disposed of.
(NEETU KHAJURIA) (BEENA JOLLY) ASTT.REGISTRAR-CUM-PS COURT MASTER