Supreme Court - Daily Orders
Chintan Vidyasagar Upadhyay vs The State Of Maharashtra on 17 September, 2021
Bench: L. Nageswara Rao, B.R. Gavai
1
ITEM NO.24 Court 5 (Video Conferencing) 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).2543/2021
(Arising out of impugned final judgment and order dated 21-12-2020
in CRLBA No.3615/2019 passed by the High Court Of Judicature At
Bombay)
CHINTAN VIDYASAGAR UPADHYAY Petitioner(s)
VERSUS
THE STATE OF MAHARASHTRA Respondent(s)
(With applns for permission to file additional documents/facts/
annexures, permission to file lengthy list of dates)
Date : 17-09-2021 This matter was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE L. NAGESWARA RAO
HON'BLE MR. JUSTICE B.R. GAVAI
For Petitioner(s) Mr. Raja Thakare, Sr. Adv.
Mr. Dilip Annasaheb Taur, AOR
Mr. Bharat Manghani, Adv.
Mr. Hemant Shah Adv.
For Respondent(s) Mr. Rahul Chitnis, Adv.
Mr. Sachin Patil, AOR.
Mr. Aaditya A. Pande, Adv.
Mr. Geo Joseph, Adv.
UPON hearing the counsel the Court made the following
O R D E R
Signature Not Verified
The petitioner is convicted for offences Digitally signed by Charanjeet kaur Date: 2021.09.17 16:57:52 IST Reason: punishable under Sections 302, 396, 201, 109 and 120B read with 34 of the IPC. The application for bail filed by the petitioner was dismissed by the High Court on 2 21.12.2020. Aggrieved thereby, Special Leave Petition is filed.
The petitioner has been in custody for nearly 6 years. The trial is in progress and 28 witnesses have been examined and 12 witnesses are yet to be examined. Having scrutinized the record and after hearing the learned counsel for the parties, we are of the opinion that the petitioner is entitled for bail having been incarcerated for nearly 6 years.
The petitioner is directed to be released on bail subject to the following conditions:-
(a) The petitioner shall reside in any place other than Mumbai and shall visit Mumbai only for the purpose of attending the Court.
(b) The petitioner shall not make any attempt to influence the witnesses.
(c) The petitioner shall surrender the passport in the Trial Court within a period of one week from today.
(d) The petitioner shall provide the place of his residence to the Trial Court within a period of one week from today.
(e) The petitioner shall report to the local police station at the place of his residence on the first date of every month.3
The Trial Court may expedite the trial and complete the trial preferably within a period of six months.
The Special Leave Petition is disposed of accordingly. Pending application(s), if any, shall stand disposed of.
(B.Parvathi) (Anand Prakash) Court Master Court Master