Supreme Court - Daily Orders
Prem Shankar Gupta vs The State Of Nct Of Delhi on 14 December, 2022
Bench: K.M. Joseph, B.V. Nagarathna
ITEM NO.42 COURT NO.4 SECTION II-C
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.) Nos.10998-10999/2022
(Arising out of impugned final judgment and order dated 17-10-2022
in BA No. 149/2021 01-11-2022 in BA No. 149/2021 passed by the High
Court of Delhi at New Delhi)
PREM SHANKAR GUPTA Petitioner(s)
VERSUS
THE STATE OF NCT OF DELHI & ANR. Respondent(s)
(IA No.176689/2022-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT ) Date : 14-12-2022 These petitions were called on for hearing today. CORAM :
HON'BLE MR. JUSTICE K.M. JOSEPH HON'BLE MRS. JUSTICE B.V. NAGARATHNA For Petitioner(s) Mr. Ravin Rao, Adv.
Mr. Jujhar Singh, Adv.
Mr. Akshit Sawal, Adv.
Mr. Aman Gupta, AOR For Respondent(s) Mr. Vikramjit Banerjee, ASG. Mr. Annirudh Sharma-II, Adv. Mr. B. K. Satija, Adv.
Ms. Diksha Rai, Adv.
Mr. Sudhakar Kulwant, Adv.
Mr. Brajesh Kumar, Adv.
Mr. Sunil Kumar Srivastava, Adv. Mr. Siddhartha Sinha, Adv.
Mr. Shivam Singhania, Adv.
Mr. Gurmeet Singh Makker, AOR UPON hearing the counsel the Court made the following Signature Not Verified O R D E R Digitally signed by Nidhi Ahuja Date: 2022.12.15 17:41:03 IST Reason: Issue notice.1
SLP (Crl.) Nos.10998-10999/2022 Mr. Gurmeet Singh Makker, learned counsel, takes notice on behalf of the respondent.
The case of the petitioner is as follows:
The petitioner was admitted to interim bail on certain conditions by order dated 17.02.2021. This was followed by order dated 28.07.2022.
By the said order, the petitioner was directed to join the investigation and appear before the Investigating Officer on 05.08.2022 failing which the interim bail was to stand withdrawn.
Still further, we notice order dated 17.10.2022, wherein, the Court records that the interim orders already granted in terms of order dated 28.07.2022 stand withdrawn since the petitioner failed to join investigation.
The petitioner thereafter filed application for restoration.
On the said application, while the High Court by order dated 01.11.2022 issued notice and we further notice that the APP also appeared on advance notice and accepted notice and the case stood listed on 19.01.2023, the date already fixed. It is challenging these orders dated 17.10.2022 and the order dated 01.11.2022 that the petitioner is before us in jurisdiction under Article 136 of the Constitution of India.
We have heard learned counsel for the petitioner as also learned Additional Solicitor General Shri Vikramjit 2 SLP (Crl.) Nos.10998-10999/2022 Banerjee appearing on behalf of the respondent.
It is the case of the petitioner that it is only on one occasion viz., on 05.08.2022 that the petitioner could not comply with the direction of the High Court to appear and cooperate in the investigation. This was on account of medical reasons.
Per contra, learned Additional Solicitor General would point out that apart from non appearance on 05.08.2022, it is noteworthy that on account of non-cooperation of the petitioner, further notices for appearance were issued on 21.10.2022, 10.11.2022 and lastly on 06.12.2022.
As already noticed, the application filed by the petitioner for restoration as it were, is posted on 19.01.2023. In the circumstances of this case, we are inclined to ensure that on the one hand, the petitioner cooperates in the investigation and at the same time, till 19.01.2023, the petitioner must be protected from arrest. Accordingly, the petitions are disposed of as follows:
The petitioner shall fully cooperate with the investigation. He shall do this by attending to Economic Offences Wing (EOW), as and when notices are issued.
However, we make it clear that the petitioner will not be arrested in the meantime in connection with the present case till 19.01.2023. We make it clear that the High Court will be free to decide the application on its own merits.
The special leave petitions are disposed of 3 SLP (Crl.) Nos.10998-10999/2022 accordingly.
Pending application stands disposed of.
(NIDHI AHUJA) (RENU KAPOOR)
AR-cum-PS ASSISTANT REGISTRAR
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