Supreme Court - Daily Orders
Mayuresh Nandkumar Purohit vs Kaushik Manna on 19 February, 2018
Bench: Ranjan Gogoi, R. Banumathi
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IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO(S). 287 OF 2018
[ARISING OUT OF SPECIAL LEAVE PETITION (CRIMINAL)
NO.861 OF 2018]
MAYURESH NANDKUMAR PUROHIT ...APPELLANT(S)
VERSUS
KAUSHIK MANNA & ANR. ...RESPONDENT(S)
ORDER
1. We have heard the learned counsels for the parties.
2. Leave granted.
3. The accused appellant has been convicted under Section 29 read with Section 8(c) and 20(b)
(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 and sentenced to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs.1,00,000/- (Rupees one lakh) by the learned trial Court. Aggrieved, the accused appellant has filed an appeal before the Bombay High Court i.e. Criminal Appeal No. 1327 of 2013. Signature Not Verified Digitally signed by VINOD LAKHINA Date: 2018.02.19 17:13:59 IST Reason: 2
4. The appeal before the High Court, though listed for hearing, has not been heard till date and as per statements made by the learned counsel for the appellant some time may be taken for hearing of the appeal unless the same is expedited. We see no reason to expedite the hearing of the pending appeal before the High court as there are several similar and older matters in the cause-list of the particular bench hearing the matter.
5. The accused appellant has been in custody since 23rd November, 2011 i.e. for over six years. The sentence imposed is one of ten years. Considering the totality of the facts of the case, we are of the view that the accused appellant should be released on bail. We order accordingly. Therefore, the appellant is ordered to be released on bail to the satisfaction of the learned trial Court in connection with NDPS Special Case No.27/2012 in F.No.NCB/BZU/CR-19/2011.
6. The learned trial Court is free to impose appropriate condition(s) as it deems fit. 3
7. Consequently, the order of the High Court is set aside and the present appeal is disposed of in the above terms.
....................,J.
(RANJAN GOGOI) ...................,J.
(R. BANUMATHI)
NEW DELHI
FEBRUARY 19, 2018
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ITEM NO.40 COURT NO.3 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). 861/2018 (ARISING OUT OF IMPUGNED FINAL JUDGMENT AND ORDER DATED 27-11-2017 IN CRLAP NO. 1558/2017 PASSED BY THE HIGH COURT OF JUDICATURE AT BOMBAY) MAYURESH NANDKUMAR PUROHIT PETITIONER(S) VERSUS KAUSHIK MANNA & ANR. RESPONDENT(S) (FOR ADMISSION AND I.R. AND IA NO.13980/2018-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Date : 19-02-2018 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE RANJAN GOGOI HON'BLE MRS. JUSTICE R. BANUMATHI For Petitioner(s) Mr. S. Hariharan, Adv.
Mr. Taraq Sayed, Adv.
Mr. Shekhar S. Bhandari, Adv.
Mr. Vikash Singh, AOR For Respondent(s) Mr. Nishant R. Katneshwarkar, Adv.
UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeal is allowed in terms of the signed order. The appellant is ordered to be released on bail to the satisfaction of the learned trial Court in connection with NDPS Special Case No.27/2012 in F.No.NCB/BZU/CR-19/2011. Consequently, all pending applications are also disposed of.
[VINOD LAKHINA] [ASHA SONI]
AR-cum-PS BRANCH OFFICER
[SIGNED ORDER IS PLACED ON THE FILE]