Supreme Court - Daily Orders
Sunilbhai Sudhirbhai Kothari vs State Of Gujarat on 18 August, 2015
82 IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 1091 OF 2015
(Arising out of SLP (Crl) No.4356 of 2015)
Sunilbhai Sudhirbhai Kothari ... Appellant
VERSUS
State of Gujarat ... Respondents
O R D E R
Leave granted.
This appeal, by special leave, calls in question the legal propriety of the order dated 07.05.2015 whereby the High Court of Gujarat at Ahmedabad in Special Criminal Application No.3098 of 2015 has affirmed the cancellation of the anticipatory bail by the learned Sessions Judge, Surat in FIR No.I-48/2014 dated 28.03.2014 registered at Police Station Rander, Surat.
When this matter was listed on 14.05.2015, the following order came to be passed :
"Issue notice.
Counter affidavit be filed by the respective respondents within six weeks hence.Signature Not Verified
As an interim measure, it is directed that the Digitally signed by petitioner, sunilbhai Sudhirbhai Kothari, shall Gulshan Kumar Arora Date: 2015.08.21 15:13:53 IST not be taken into custody in connection with FIR Reason:
No.I-48/2014 dated 28.3.2014 lodged at Randar Police Station, Surat, Gujarat subject to the conditions that :2
(a) He shall not leave India.
(b) He shall report to the Investigating Officer
of DCB, Surat between 10 am to 12 am on every Monday.
(c) He shall also cooperate with the investigation.
(d) Apart from recording his presence on the date fixed, the concerned investigating officer shall also record his present and obtain his signature.
(f) The appellant shall provide to the Investigating Officer, the proof that he has travelled to Surat and keep a copy thereof.
(g) He shall furnish his permanent address and telephone number to the investigating officer within three days hence.
List the matter on 28.07.2015."
We have heard Dr. Singhvi, learned senior counsel for the appellant and Mr. Ashok Gupta, learned senior counsel, who has filed SLP (Crl) No.4182 of 2015, and Ms. Hemantika Wahi, learned counsel for the respondent.
On a perusal of the order passed by the learned Sessions Judge as well as that of the High Court, we find that a singular ground was violated, i.e., the appellant had travelled abroad without leave of the Court. It is submitted by Dr. Singhvi, learned senior counsel, that he had deposited the passport with the concerned investigating officer when he was formally arrested. Be that as it may, in our considered opinion, this is not a fit case where the anticipatory bail should have been cancelled and, therefore, the order passed by the court of Sessions and that of 3 the High Court are set aside and the order dated 14.05.2015 is made absolute. However, it is directed that the appellant would not leave the country without leave of the trial court and no trip shall extend more than ten days failing which the parties are at liberty to move this court for appropriate action. The appeal is accordingly allowed.
.....................,J.
(Dipak Misra) .....................,J.
(R. Banumathi) New Delhi;
August 18, 2015.
ITEM NO.4 COURT NO.5 SECTION IIB
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). 4356/2015
(Arising out of impugned final judgment and order dated 07/05/2015 in SCRLA No. 3098/2015 passed by the High Court of Gujarat at Ahmedabad) SUNILBHAI SUDHIRBHAI KOTHARI Petitioner(s) VERSUS STATE OF GUJARAT Respondent(s) (with appln. (s) for exemption from filing c/copy as well as plain copy of the impugned order and exemption from filing O.T. and permission to file SLP without c/copy as well as plain copy of impugned order and interim relief and office report) WITH SLP(Crl) No. 4182/2015 (With appln.(s) for permission to file additional documents and appln.(s) for exemption from filing c/c of the impugned judgment and Office Report) Date : 18/08/2015 This petition was called on for hearing today. CORAM : HON’BLE MR. JUSTICE DIPAK MISRA HON’BLE MRS. JUSTICE R. BANUMATHI For Petitioner(s) Dr. A.M. singhvi, Sr. Adv.
Mr. Huzefa Ahmadi, Sr. Adv.
Mr. Satish Vig,Adv.
Mr. Ashok Gupta, Sr. Adv.
Mr. Devendra Singh, AOR Mr. Anant K. Vaisya, Adv.
For Respondent(s) Ms. Hemantika Wahi, Adv.
Mr. Nitin Sangra, Adv.
Ms. Jesal Wahi, Adv.
5UPON hearing the counsel the Court made the following O R D E R SLP (Crl.) No. 4356 of 2015 Leave granted.
The appeal is allowed in terms of the signed order. SLP (Crl.) No.4182 of 2015 As we have allowed the appeal arising out of SLP (Crl) No.4356 of 2015, the special leave petition stands disposed of.
(Gulshan Kumar Arora) (H.S. Parasher)
Court Master Court Master
(Signed order is placed on the file)