Indian Kanoon - Search engine for Indian Law

Supreme Court - Daily Orders

Shashikant Sharma vs The State Of Uttar Pradesh on 19 May, 2023

Bench: A.S. Bopanna, Pankaj Mithal

     ITEM NO.20                         COURT NO.7                  SECTION II

                              S U P R E M E C O U R T O F       I N D I A
                                      RECORD OF PROCEEDINGS

     Petition for Special Leave to Appeal (Crl.) No 5323/2023
     (Arising out of impugned final judgment and order dated 06-04-2023
     in CRLA No. 3107/2023 passed by the High Court of Judicature at
     Allahabad)

     SHASHIKANT SHARMA & ORS.                                        Petitioner(s)

                                                VERSUS

     THE STATE OF UTTAR PRADESH & ANR.                               Respondent(s)


     (IA No. 85349/2023 - EXEMPTION FROM FILING C/C OF THE IMPUGNED
     JUDGMENT AND IA No. 85350/2023 - EXEMPTION FROM FILING O.T.)

     Date : 19-05-2023 These matters were called on for hearing today.

     CORAM :
                         HON'BLE MR. JUSTICE A.S. BOPANNA
                         HON'BLE MR. JUSTICE PANKAJ MITHAL

     For Petitioner(s)             Mr. R Basant, Sr. Adv.
                                   Mr. Neeraj K Sharma, Adv.
                                   Mrs. Priyanka Sharma, Adv.
                                   Mr. Prahil Sharma, Adv.
                                   Mr. Harendra Singh, Adv.
                                   Mr. Pawan K Sharma, Adv.
                                   Mr. Ambuj Saraswat, Adv.
                                   Mr. Amit Shrivastava, AOR
                                   Mr. Harsh Singhal, Adv.

     For Respondent(s)            Mr. Basava Prabhu Patil, Sr. Adv.
                                  Mr. Sanchit Garga, AOR
                                  Mr. Swetashwa Agarwal, Adv.
                                  Mr. Madhav Anand, Adv.
                                  Mr. Nikunj Jain, Adv.
                                  Mr. Shivam Tyagi, Adv.

                                  Mr. Shashank Shekhar Singh, AOR
                         UPON hearing the counsel the Court made the following
                                            O R D E R

Heard learned senior counsel for the parties.

Considering that the objections have been filed, the Rajni Mukhi Date: 2023.05.19 17:34:17 IST Reason:

matter requires detailed consideration.

1  SLP (Crl.) No. 5323/2023

In the meantime, the only issue is as to whether the matter should be allowed to be precipitated as against the petitioners. In that regard, we note that the petitioners are before this Court assailing the order dated 14.03.2023 passed by the Sessions Court and confirmed by the High Court whereby the application for discharge has been rejected. In that light, though learned senior counsel for the respondents refers to the order dated 02.09.2022 passed by the High Court whereby the petitioners had been directed to furnish a bond and the non- bailable warrant which had been issued at that stage was ordered not to be executed subject to the execution of the bond and at this stage no grievance can be made, it is submitted by learned senior counsel for the petitioners that the bond has been executed, yet non-bailable warrant is issued after the application for discharge is dismissed. If that be so since the correctness or otherwise of the order rejecting the discharge application requires consideration herein, the matter shall not be precipitated in the meantime and the bond as executed by the petitioners shall remain in force. The non- bailable warrants if any issued against the petitioners shall not be executed until further consideration is made herein.

List during 3rd week of July, 2023.

(RAJNI MUKHI)                                                  (DIPTI KHURANA)
COURT MASTER (SH)                                            ASSISTANT REGISTRAR


                                              2