Supreme Court - Daily Orders
Zaid Rana vs The State Of Maharashtra on 15 May, 2023
Bench: Krishna Murari, Sanjay Kumar
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO(S). OF 2023
(@ SLP (CRL.) NO.5685/2023)
ZAID RANA APPELLANT(S)
VERSUS
THE STATE OF MAHARASHTRA RESPONDENT(S)
O R D E R
Leave granted.
2. We have heard learned senior counsel appearing for the appellant.
3. The appellant was arrested on 09.04.2023 pursuant to an offence registered against him inter alia under Section 27 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (‘the NDPS Act’).
4. The 1st bail application filed by the appellant before the High Court was permitted to be withdrawn on the request of the learned counsel. The appellant subsequently filed another bail application which came to be dismissed by the High Court on the ground that 2nd bail application was not Signature Not Verified in the form of a review and if the applicant chose Digitally signed by GEETA AHUJA Date: 2023.05.17 10:16:13 IST Reason: not to press the bail application earlier, the 2nd bail application was not liable to be considered. 1
5. It is thus, clear that the bail application of the appellant has not at all been considered on merits by the High Court, to which the appellant was legally entitled.
6. In such circumstances, we set aside the impugned order dated 28.03.2023 and remit the matter back to the High Court to consider the bail application of the appellant in accordance with law on its own merits without being influenced by the withdrawal of the 1st bail application and dismissal of the 2nd bail application on the ground noted above.
7. The bail application may be decided as expeditiously as possible preferably within a period of three weeks from the date of production of the certified copy of this order.
8. The appeal accordingly stands allowed.
9. Pending application(s), if any, shall stand disposed of.
.......................J. ( KRISHNA MURARI ) .......................J. ( SANJAY KUMAR ) NEW DELHI 15th MAY, 2023 2 ITEM NO.6 COURT NO.11 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). 5685/2023 (Arising out of impugned final judgment and order dated 28-03-2023 in CRLBA No. 3483/2022 passed by the High Court Of Judicature At Bombay) ZAID RANA Petitioner(s) VERSUS THE STATE OF MAHARASHTRA Respondent(s) (IA No.91133/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT ) Date : 15-05-2023 This petition was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE KRISHNA MURARI HON'BLE MR. JUSTICE SANJAY KUMAR For Petitioner(s) Mr. Basant R., Sr. Adv.
Mr. Rahul Chitnis, Adv.
Mr. Kavinesh RM, Adv.
Ms. Shwetal Shepal, Adv. Mr. Aditya Kumar, Adv.
Mr. Chander Shekhar Ashri, AOR For Respondent(s) UPON hearing the counsel the court made the following O R D E R Leave granted.
The appeal stands dismissed in terms of the signed order. Pending application(s), if any, shall stand disposed of.
(Geeta Ahuja) (Beena Jolly) Assistant Registrar-cum-PS Court Master
(Signed Order is placed on the file) 3