Supreme Court - Daily Orders
State Of Tripura vs Bijoy Biswas on 13 May, 2016
Bench: V. Gopala Gowda, Amitava Roy
1
ITEM NO.308 COURT NO.9 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(s) for Special Leave to Appeal (Crl.) No(s). 6163/2014
(Arising out of impugned final judgment and order dated 07/03/2014
in BA No. 26/2014 passed by the High Court of Tripura at Agarthala)
STATE OF TRIPURA Petitioner(s)
VERSUS
BIJOY BISWAS & ANR. Respondent(s)
(With office report)
Date : 13/05/2016 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE V. GOPALA GOWDA
HON'BLE MR. JUSTICE AMITAVA ROY
For Petitioner(s) Mr. Gopal Singh,Adv.
Mr. Rituraj Biswas, Adv.
Mr. Aditya Raina, Adv.
For Respondent(s) Mr. N.M. Popli, Adv.
Ms. Nidhi,Adv.
UPON hearing the counsel the Court made the following
O R D E R
The State Government, aggrieved by the grant of bail in favour of the accused/respondent No. 1, for the offence punishable under Section 376 of the Indian Penal Code, is before this Court challenging the impugned Order on various grounds.
Learned counsel for the petitioner submits that having regard to the nature of the offence committed by the accused, it would be just and proper for this Court to interfere and cancel the Signature Not Verified Digitally signed by SUSHIL KUMAR RAKHEJA Date: 2016.05.16 same, particularly having regard to the fact that the conditions 15:01:56 IST Reason:
imposed in the bail Order by the High Court are relaxed by the trial Judge.2
Having regard to the fact that there is no allegation of violation of the conditions of bail by the accused/respondent during the period of bail, in the facts and circumstances of this case, this Court is not inclined to interfere with the grant of bail to the respondent.
It is also needless to make an observation that the learned trial Judge shall not be influenced by any of the observation made by the High Court or this Court at the time of deciding the case on merits. Having regard to the facts and circumstances of the case, we also direct the learned trial Judge to expedite the trial and conclude the same within a period of six months from the date of receipt of a copy of this Order.
With the aforesaid observations and directions, the special leave petition stands dismissed.
Pending application, if any, stands disposed.
(S. K. RAKHEJA) (SUMAN JAIN)
COURT MASTER COURT MASTER