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Supreme Court - Daily Orders

Allarakha Habib Memon Etc vs The State Of Gujarat on 18 October, 2023

Bench: A.S. Bopanna, M.M. Sundresh

                                                              1

                                                         (REVISED ONLY IN TERMS OF APPEARANCE)
     ITEM NO.3                                         COURT NO.7               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

                                    Criminal Appeal      No(s).      2828-2829/2023


     ALLARAKHA HABIB MEMON ETC                                                   Appellant(s)

                                                          VERSUS

     THE STATE OF GUJARAT                                                        Respondent(s)

     IA No. 143008/2019 - EXEMPTION FROM FILING O.T.
     IA No. 50543/2023 - PERMISSION TO FILE ADDITIONAL
     DOCUMENTS/FACTS/ANNEXURES)

     Date : 18-10-2023 These matters were called on for hearing today.

     CORAM :
                             HON'BLE MR. JUSTICE A.S. BOPANNA
                             HON'BLE MR. JUSTICE M.M. SUNDRESH

     For Appellant(s)                   Mr. Praveen Chaturvedi, AOR

                                        Mr. I.H. Syed, Sr. Adv.
                                        Mr. Divyesh Pratap Singh, AOR
                                        Mr. Aniq Kadri, Adv.
                                        Mr. Vishrut Bhandari, Adv.
                                        Ms. Shivangi Singh, Adv.
                                        Mr. Amit Sangwan, Adv.

     For Respondent(s)                  Ms. Deepanwita Priyanka, Adv.
                                        Ms. Swati Ghildiyal, AOR
                                        Ms. Devyani Bhatt, Adv.
                                        Mr. Srikant Swaroop, Adv.

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

ON THE PRAYER FOR INTERIM RELIEF Having heard the learned counsel for the parties and Signature Not Verified on taking note of the fact that since, leave has been Digitally signed by Nisha Khulbey Date: 2023.10.19 10:31:13 IST Reason: granted, the hearing of the appeals, would take sometime. 2

In the meanwhile, we take note of the period of incarceration undergone by the appellant(s) herein, which is about 09 and 11 years respectively.

In that view, taking into consideration all aspects of the matter, we deem it appropriate to suspend the sentence imposed upon the appellant(s), and direct release of the appellant(s) on bail.

Accordingly, the appellant(s) herein, are directed to be enlarged on bail subject to appropriate conditions being imposed by the Trial Court.

For the said purpose and for issue of release orders, the appellant(s) shall forthwith be produced before the Trial Court.

Ordered accordingly.

List the appeals for hearing in their usual course.

     (NISHA KHULBEY)                                (NIDHI WASON)
SENIOR PERSONAL ASSISTANT                         COURT MASTER(NSH)