Supreme Court - Daily Orders
Mahendra Kumar Dubey vs Economic Offences Wing, Unit Gwalior on 6 May, 2021
Bench: Uday Umesh Lalit, K.M. Joseph
1
ITEM NO.19 Court 3 (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
Miscellaneous Application No.690/2021 in SLP(Crl) No. 3400/2021
(Arising out of impugned final judgment and order dated 23-04-2021
in SLP(Crl) No. No. 3400/2021 passed by the Supreme Court Of India)
MAHENDRA KUMAR DUBEY Petitioner(s)
VERSUS
ECONOMIC OFFENCES WING, UNIT GWALIOR Respondent(s)
(FOR ADMISSION and IA No.59095/2021-EXEMPTION FROM FILING AFFIDAVIT
and IA No.59093/2021-CLARIFICATION/DIRECTION)
Date : 06-05-2021 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE UDAY UMESH LALIT
HON'BLE MR. JUSTICE K.M. JOSEPH
For Petitioner(s) Ms.Serena Sharma, Adv.
Ms. Nipun Saxena, Adv.
Ms. Akanksha Mehra, AOR
For Respondent(s)
UPON hearing the counsel the Court made the following
O R D E R
The present application has been filed in following circumstances:
(a) While rejecting SLP (Crl.) No.3400/2021, which arose from dismissal of application preferred by the petitioner before the High Court under Section 438 of the Code of Criminal Procedure (“the Code” for short), this Court by its order dated 23.04.2021 granted two weeks’ time to the Signature Not Verified Digitally signed by Indu Marwah Date: 2021.05.07 petitioner to surrender and apply for regular bail. 10:16:22 IST Reason:
(b) On the same day, a general order was passed by the Division Bench presided over by the Chief Justice of the 2 High Court, in the light of situation arising out of Covid-19 Pandemic.
One of the directions issued by said Division Bench was to the following effect:
“(v) that interim protection given in the anticipatory bail applications by the High Court or Court of Sessions for a limited period, which has expired or is likely to expire on any date after 10 th March, 2021, shall stand extended till 15 th of June, 2021. However, any party aggrieved by the conduct of the accused on such interim protection, may move the Court in seisin over the matter for discontinuation of such interim protection, if any prejudice is caused to him/her, in which event, the Court concerned shall be entitled to take independent view of the matter.” Thus, the protection in terms of the order passed by the Division Bench would normally be available till 15.06.2021. However, in terms of the directions issued by this Court, the petitioner would be obliged to surrender before the expiry of period of two weeks. The instant application, therefore, has been filed seeking appropriate clarification. As the benefit has been extended generally by the order passed by the Division Bench, in our view the petitioner is also entitled to similar benefit and to that extent the clarification must be issued that the petitioner need not surrender in terms of the order dated 23.04.2021 within two weeks as stated above. Ordered accordingly.
The application stands disposed of in aforesaid terms.
(INDU MARWAH) (VIRENDER SINGH) COURT MASTER (SH) BRANCH OFFICER