Supreme Court - Daily Orders
Republic Of India (Cbi) vs Shubhra Kundu on 20 October, 2023
Bench: Abhay S. Oka, Pankaj Mithal
1
ITEM NO.25 COURT NO.11 SECTION II-B
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
SPECIAL LEAVE PETITION (CRIMINAL) Diary No(s). 39440/2023
(Arising out of impugned final judgment and order dated 24-08-2022
in BLAPL No. 1077/2021 passed by the High Court Of Orissa At
Cuttack)
REPUBLIC OF INDIA (CBI) Petitioner(s)
VERSUS
SHUBHRA KUNDU Respondent(s)
(FOR ADMISSION and I.R. and IA No.206473/2023-CONDONATION OF DELAY
IN FILING and IA No.206472/2023-EXEMPTION FROM FILING O.T. )
Date : 20-10-2023 This petition was called on for hearing today.
CORAM : HON'BLE MR. JUSTICE ABHAY S. OKA
HON'BLE MR. JUSTICE PANKAJ MITHAL
For Petitioner(s) Mrs. Aishwarya Bhati, A.S.G.
Mr. Shantnu Sharma, Adv.
Mr. Raman Yadav, Adv.
Mr. Kritagya Kait, Adv.
Ms. Poornima Singh, Adv.
Ms. Sthavi Asthana, Adv.
Mr. Bansuri Swaraj, Adv.
Mr. Arvind Kumar Sharma, AOR
For Respondent(s)
UPON hearing the counsel the Court made the following
O R D E R
Heard the learned Additional Solicitor General appearing for the petitioner.
CBI which is created under a Statute cannot be represent Signature Not Verified “Republic of India”. We, therefore, direct the petitioner to amend Digitally signed by Anita Malhotra Date: 2023.10.20 15:43:57 IST Reason: the cause title by deleting “Republic of India” and file amended cause title within a period of two weeks from today. 2 The impugned order is of 24.08.2022. There is no grievance made that the respondent has misused the liberty granted under the impugned order of granting bail. No case for interference is made out in exercise of our jurisdiction under Article 136 of the Constitution of India. The Special Leave Petition is, accordingly, dismissed.
The submission of the learned Additional Solicitor General is that there are factual errors committed by the High Court while recorded findings. We are confirming the impugned order granting bail on the ground that at this stage, there is no reason to interfere with the same. We also make it clear that the observations and findings in the impugned order are only for the purposes of grant of bail to the respondent and no Court shall get influenced by the same at any stage of the proceedings.
If the respondent misuses the facility of grant of bail, it will be always open for the petitioner to move the concerned Court for cancellation of bail.
Pending application(s), if any, shall stand disposed of.
(POOJA SHARMA) (AVGV RAMU) COURT MASTER (SH) COURT MASTER (NSH)