Supreme Court - Daily Orders
Akhtar Hussain Hasanbhai Diwan. Etc Etc vs State Of Gujarat & Anr. Etc Etc on 6 January, 2017
Bench: S.A. Bobde, L. Nageswara Rao
1
ITEM NO.6 COURT NO.9 SECTION IIB
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petitions for Special Leave to Appeal (Crl.)Nos. 5758-5759/2015
(Arising out of impugned final judgment and order dated
10/06/2015 in CRMA No. 3725/2015 in criminal Misc. Application
No. 14644 of 2012 and Criminal Misc. Application No. 10900 of
2015 in Crl. Misc. Application No. 14644 of 2012 passed by the
High Court Of Gujarat At Ahmedabad)
AKHTAR HUSSAIN HASANBHAI DIWAN. ETC ETC Petitioner(s)
VERSUS
STATE OF GUJARAT & ANR. ETC ETC Respondent(s)
(With interim relief and office report)
Date : 06/01/2017 These petitions were called on
for hearing today.
CORAM :
HON'BLE MR. JUSTICE S.A. BOBDE
HON'BLE MR. JUSTICE L. NAGESWARA RAO
For Petitioner(s) Mr. O.P. Bhadani,AOR
Mr. Jaswant persoya, Adv.
For Respondent(s) Mr. Kush Chaturvedi,AOR
Ms. Hemantika Wahi,Adv.
Ms. Jesal Wahi, Adv.
Ms. Puja Singh, Adv.
Ms. Mamta Singh, Adv.
UPON hearing the counsel the Court made the following
O R D E R
The only grievance of the petitioners is that the order directing deposit of Rs. 24,00,000/- has Signature Not Verified Digitally signed by been modified so as to require the accused to deposit CHARANJEET KAUR Date: 2017.01.06 17:21:33 IST Reason: title deeds of his property bearing Block Nos. 430, 470, 488 & 546 and other adjoining pieces of land situated at Village Machiyal, Taluka-Matar, District Kheda. According to the learned counsel for the petitioner this property does not belong to the 2 accused. In the circumstances, we consider it appropriate in the interest of justice to direct that the title deeds submitted by the accused will be examined by the Registrar General of that Court and such property be accepted as security only upon the satisfaction of the Registrar General as to the title of the property.The petitioners shall be entitled to be heard by the Registrar General.
In case the security by way of property is found to be defective, the petitioner(s) shall be entitled to apply for modification of the impugned order.
The special leave petitions are disposed of with the above observations and directions.
We are informed that the original title deeds have already been deposited. However, the petitioners were not heard before acceptance of such security.
[ Charanjeet Kaur ] [ Indu Pokhriyal ] A.R.-cum-P.S. Court Master