Bombay High Court
Dinesh Vashdev Sajnani And Anr vs Union Of India And Ors on 22 February, 2019
Author: Bharati H. Dangre
Bench: Ranjit More, Bharati H. Dangre
This Order is modified/corrected by Speaking to Minutes Order dated 13/03/2019
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO. 990 OF 2019
Dinesh Sajnani and Anr. ..Petitioners.
Versus
Union of India & Others. ..Respondents.
Mr. Sujay Kantawala, H. K. Sudhakar, S. M. Joseph, A. Kantawala,
Poorva Patil I/b HKS Legal for the Petitioner.
Ms. Rebecca Gonsalvez for Respondent No. 1 and 2.
Mrs. P. P. Shinde, APP for the Respondent-State.
Coram : RANJIT MORE &
SMT. BHARATI H. DANGRE, JJ.
Date : February 22, 2019.
P. C. :
1. Mr. Kantawala, the learned counsel for the Petitioner submitted that the issue involved in this petition is sub judice before the Apex Court. This statement is not disputed by the learned counsel for the Respondents. Mr. Kantawala also submitted that the next date of hearing in the said matter before the Apex Court is 4th March 2019.
2. In the light of above, we defer the hearing on this petition. Stand over to 18th March 2019. Till then, following ad-interim order shall remain in operation :
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This Order is modified/corrected by Speaking to Minutes Order dated 13/03/2019 [1] The Petitioners shall not be arrested in connection with investigation under the file bearing No. DRI/MZU/E/Int- 2242/2018/936 without following procedure established under the Code of Criminal Procedure, 1973. [2] However, the Petitioners shall co-operate with the investigation and shall respond to the notices/ summons issued by the Respondent authorities.
[3] For the present, we direct that the Petitioner no.2 shall remain present before Respondent Authorities at 11.00 a.m. on 25th February 2019 and thereafter shall appear before Respondent Authorities as and when required. [4] So far as Petitioner No.1 is concerned, he is at Dubai and he has proposed to return to India on 27 th February 2019 at 5.15 a.m. We, therefore, direct Petitioner No.1 to remain present before the Respondent Authorities on 27 th February 2019 at 11.00 a.m. and thereafter shall appear before the Respondents as and when required.
[5] We permit the advocate for the petitioners to accompany them at visible but not audible distance during their interrogation by Respondent Authorities in accordance with the general directions given by the Apex Court in Vijay Sanjani v. Union of India in Cri. M. P. No.10117 of 2012 in WP(Crl.) 29 of 2012.
[6] In view of the statement which is recorded by the Apex Court in its order dated 7th December 2010 in Rajendra Arora and Others v. Union of India and others in Writ petition (Civil) Nos. 389 of 2010, we direct that Respondent shall videograph recording of the statement and patilsr 2/ 3 ::: Uploaded on - 22/02/2019 ::: Downloaded on - 21/03/2019 01:17:29 ::: This Order is modified/corrected by Speaking to Minutes Order dated 13/03/2019 examination of the Petitioners as well as goods. The same shall be at the cost of Petitioners. Needless to say that the accused would not be entitled to copy thereof, unless so ordered by this Court.
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