Anil Harikisan Navandar Vs. The State of Maharashtra - Court Judgment

SooperKanoon Citationsooperkanoon.com/1193421
CourtSupreme Court of India
Decided OnAug-09-2017
Case Number275 / 2016
JudgeHON'BLE MR. JUSTICE KURIAN JOSEPH, HON'BLE MRS. JUSTICE R. BANUMATHI
AppellantAnil Harikisan Navandar
RespondentThe State of Maharashtra
Advocates:Bina Gupta
Excerpt:
non-reportable in the supreme court of india criminal appellate jurisdiction criminal appeal no.1362 of2017[@ special leave petition (crl) no.217 of2016 anil harikisan navandar appellant(s) versus the state of maharashtra & anr. respondent(s) criminal appeal no.1364/2017 @ slp(crl) no.2072/2016 with judgment kurian, j.when the matters were listed before this court, leave granted. the appellants approached this court aggrieved by the 1.2. denial of orders under section 438 cr.p.c.3. protection from arrest has been granted by this court. in the nature of order we propose to pass, it is not 4. necessary for us to go into the details of the facts. perhaps the high court was justified in going deep into the facts, since there was a petition under section 482 cr.p.c. before it.5. be that as it may, we are informed that accused no.1 has already been granted bail by the high court. these matters have been pending before this court for more than one year. 1 6. in the above circumstances, we are of the view that there is no point in keeping these appeals pending before this court. hence, these appeals are disposed of as follows: as and when the investigating officer files a final report under section 173(2) cr.p.c. and in case the appellants are summoned, they shall surrender before the trial court and their applications for bail shall be considered by the trial court without further delay. we make it clear that the trial court will proceed with the trial uninfluenced by any of the observations and findings made by the high court in the impugned judgment.7. of. pending application(s), if any, shall stand disposed new delhi; august09 2017. .......................j.[kurian joseph]. .......................j.[r. banumathi]. 2
Judgment:

NON-REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.1362 OF2017[@ SPECIAL LEAVE PETITION (CRL) No.217 OF2016 ANIL HARIKISAN NAVANDAR APPELLANT(S) VERSUS THE STATE OF MAHARASHTRA & ANR. RESPONDENT(S) CRIMINAL APPEAL NO.1364/2017 @ SLP(CRL) No.2072/2016 WITH

JUDGMENT

KURIAN, J.

When the matters were listed before this Court, Leave granted. The appellants approached this Court aggrieved by the 1.

2. denial of orders under Section 438 Cr.P.C.

3. protection from arrest has been granted by this Court. In the nature of order we propose to pass, it is not 4. necessary for us to go into the details of the facts. Perhaps the High Court was justified in going deep into the facts, since there was a petition under Section 482 Cr.P.C. before it.

5. Be that as it may, we are informed that Accused No.1 has already been granted bail by the High Court. These matters have been pending before this Court for more than one year. 1 6. In the above circumstances, we are of the view that there is no point in keeping these appeals pending before this Court. Hence, these appeals are disposed of as follows: As and when the Investigating Officer files a final report under Section 173(2) Cr.P.C. and in case the appellants are summoned, they shall surrender before the Trial Court and their applications for bail shall be considered by the Trial Court without further delay. We make it clear that the Trial Court will proceed with the trial uninfluenced by any of the observations and findings made by the High Court in the impugned judgment.

7. of. Pending application(s), if any, shall stand disposed NEW DELHI; AUGUST09 2017. .......................J.

[KURIAN JOSEPH]. .......................J.

[R. BANUMATHI]. 2