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Supreme Court - Daily Orders

Shiv Siddhi Corportion vs The State Of Gujarat on 5 February, 2019

Bench: N.V. Ramana, Mohan M. Shantanagoudar, Indira Banerjee

     SLP(Crl.)……..D.No.11/19 etc.etc.                 1

     ITEM NO.2+3                              COURT NO.4               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

     SPECIAL LEAVE PETITION (CRIMINAL) …………….Diary No(s).11/2019

     (Arising out of impugned final judgment and order dated 07-12-2018
     in CRLMA No.15271/2018 passed by the High Court of Gujarat at
     Ahmedabad)

     SHIV SIDDHI CORPORTION                                            Petitioner(s)

                                                    VERSUS

     THE STATE OF GUJARAT & ANR.                                       Respondent(s)

     ([TO BE TAKEN UP ALONG WITH D. NO. 818/2019])
     IA No.1479/2019 – Exemption from filing c/c of the impugned
     judgment
     IA No.1483/2019 – Exemption from filing O.T.
     IA No.1471/2019 – Permission to file SLP without certified/plain
     copy of the impugned order
     With
     SLP(Crl.)…...D.No.818/2019
     (FOR ADMISSION and I.R. and IA No.3634/2019-EXEMPTION FROM FILING
     C/C OF THE IMPUGNED JUDGMENT and IA No.3635/2019-EXEMPTION FROM
     FILING O.T. and IA No.3630/2019-PERMISSION TO FILE SLP WITHOUT
     CERTIFIED/PLAIN COPY OF IMPUGNED ORDER[TO BE TAKEN UP ALONG WITH D
     NO. 11/2019])

     SLP(Crl.)…...Diary No(s).819/2019 (II-B)
     (FOR ADMISSION and I.R. and IA No.3157/2019-EXEMPTION FROM FILING
     C/C OF THE IMPUGNED JUDGMENT and IA No.3158/2019-EXEMPTION FROM
     FILING O.T. and IA No.3156/2019-PERMISSION TO FILE PETITION
     (SLP/TP/WP/..)

     Date : 05-02-2019 These matters were called on for hearing today.

     CORAM :
                         HON'BLE MR. JUSTICE N.V. RAMANA
                         HON'BLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR
                         HON'BLE MS. JUSTICE INDIRA BANERJEE

     For Petitioner(s)                  Mr.D.N.Ray, Adv.
                                        Mr.Parthiv B. Shah, Adv.
Signature Not Verified
                                        Mr.Lokesh K.Choudhary, Adv.
                                        Mr.Dillip Kumar Nayak, Adv.
Digitally signed by
SATISH KUMAR YADAV
Date: 2019.02.05
17:24:39 IST
Reason:
                                        Ms.Disha Ray, Adv.
                                        Mrs.Sumita Ray, AOR

     For Respondent(s)
SLP(Crl.)……..D.No.11/19 etc.etc.                    2

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

The applications for permission to file the special leave petitions are allowed.

Heard learned counsel for the petitioner. We are not inclined to interfere with the impugned order passed by the High Court in exercise of our jurisdiction under Article 136 of the Constitution.

However, keeping in view the facts and circumstances of the case, we direct the respondent-State not to arrest the Director of the petitioner–Corporation - Kalpesh Atmaram Patel for a period of two months from today. Thereafter, the petitioner shall be at liberty to make an application before the concerned trial Court for regular bail and the trial Court is directed to consider and dispose of the same in accordance with law expeditiously.

With the aforesaid direction, the special leave petitions stand disposed of.

As a sequel to the above, pending interlocutory applications also stand disposed of.

(SATISH KUMAR YADAV)                                               (RAJ RANI NEGI)
     AR-CUM-PS                                                   ASSISTANT REGISTRAR