Supreme Court - Daily Orders
Hemen Shah vs The State Of Maharashtra on 23 February, 2023
Author: A.S. Bopanna
Bench: A.S. Bopanna
1
ITEM NO.2 COURT NO.12 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). 8240/2022
(Arising out of impugned final judgment and order dated 10-08-2022
in ABA No. 2137/2022 passed by the High Court Of Judicature At
Bombay)
HEMEN SHAH Petitioner(s)
VERSUS
THE STATE OF MAHARASHTRA Respondent(s)
(IA No. 128882/2022 - EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT
IA No. 128885/2022 - EXEMPTION FROM FILING O.T.) Date : 23-02-2023 These matters were called on for hearing today. CORAM :
HON'BLE MR. JUSTICE A.S. BOPANNA HON'BLE MR. JUSTICE J.B. PARDIWALA For Petitioner(s) Mr. G. Balaji, AOR Mr. Sidharth Luthra, Sr. Adv.
Ms. Mahalakshmi Pavani, Sr. Adv.
Mr. Neeleshwar Pavani, Adv.
Mr. Dinesh Dey, Adv.
Ms. Cheshta Jelly, Adv.
Mr. Sarthak Karol, Adv.
Mr. Randhir Lal Sharma, Adv.
Ms. Deepali Sharma, Adv.
Ms. Shaury Mishra, Adv.
Ms. Prerna Singh, Adv.
For Respondent(s) Mr. Aaditya Aniruddha Pande, AOR Mr. Siddharth Dharmadhikari, Adv. Mr. Bharat Bagla, Adv.
Mr. Sourav Singh, Adv.
Signature Not Verified Digitally signed by Nisha Khulbey Date: 2023.02.23 17:17:32 IST Reason: 2 UPON hearing the counsel the Court made the following O R D E R Heard the learned senior counsel for the petitioner as also the learned counsel for the respondent-State of Maharashtra and perused the petition papers.
At the outset, we note that this Court, while directing notice to the respondent-State on 12.09.2022, considering all aspects of the matter, had granted interim protection against arrest of the petitioner.
At this stage, it is not disputed on behalf of the respondent- State that the petitioner has thereafter, joined the investigation. If that be the position, at this stage, we see no reason to take any other view in the matter.
Accordingly, the order dated 12.09.2022 is made absolute. The interim protection granted to the petitioner shall enure to his benefit subject to the petitioner diligently participating in the further process, if any, till its completion, and also complying with the requirements under Section 438 (2) of the Code of Criminal Procedure (Cr.P.C.).
Petition is accordingly, disposed of. Pending application(s), if any, shall stand disposed of.
(NISHA KHULBEY) (DIPTI KHURANA) SENIOR PERSONAL ASSISTANT ASSISTANT REGISTRAR