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  • 2023 4 6 48933 Order 08-Dec-2023

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    The Supreme Court of India was hearing a petition for special leave to appeal against a High Court order regarding a criminal matter. [1] The High Court had not considered the case on its merits. [2] The Supreme Court issued a notice returnable in four weeks, allowing service through the Standing Counsel for the respondent state as well. [3] As an interim order, the petitioner was to be released on bail subject to furnishing a personal bond, but was directed to cooperate with the ongoing investigation.

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    44034_2023_4_6_48933_Order_08-Dec-2023 (1)

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    The Supreme Court of India was hearing a petition for special leave to appeal against a High Court order regarding a criminal matter. [1] The High Court had not considered the case on its merits. [2] The Supreme Court issued a notice returnable in four weeks, allowing service through the Standing Counsel for the respondent state as well. [3] As an interim order, the petitioner was to be released on bail subject to furnishing a personal bond, but was directed to cooperate with the ongoing investigation.

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    28 views2 pages

    2023 4 6 48933 Order 08-Dec-2023

    Uploaded by

    mahendras.dave
    The Supreme Court of India was hearing a petition for special leave to appeal against a High Court order regarding a criminal matter. [1] The High Court had not considered the case on its merits. [2] The Supreme Court issued a notice returnable in four weeks, allowing service through the Standing Counsel for the respondent state as well. [3] As an interim order, the petitioner was to be released on bail subject to furnishing a personal bond, but was directed to cooperate with the ongoing investigation.

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    of 2

    ITEM NO.6 COURT NO.

    4 SECTION II-B

    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). 14489/2023

    (Arising out of impugned final judgment and order dated 05-10-2023


    in CRLMA No. 15242/2023 passed by the High Court of Gujarat at
    Ahmedabad)

    TUSHARBHAI RAJNIKANTBHAI SHAH Petitioner(s)

    VERSUS

    STATE OF GUJARAT Respondent(s)

    (IA No.231361/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED


    JUDGMENT and IA No.231360/2023-EXEMPTION FROM FILING O.T. and IA
    No.231362/2023-PERMISSION TO FILE ADDITIONAL
    DOCUMENTS/FACTS/ANNEXURES)

    Date : 08-12-2023 This petition was called on for hearing today.

    CORAM :
    HON'BLE MR. JUSTICE B.R. GAVAI
    HON'BLE MR. JUSTICE SUDHANSHU DHULIA

    For Petitioner(s)
    Mr. Iqbal Syed, Sr. Adv.
    Mr. Mohammad Aslam, AOR
    Mr. Vishrut Bhandari, Adv.
    Mr. Aniq Qadri, Adv.
    Mr. Prithu Parimal, Adv.
    Mr. Aaman Syed, Adv.
    Mr. Sunil Kumar Singh, Adv.
    Mr. Avinash Kumar Bharti, Adv.
    Mr. Dr. Ram Kishor Chaudhary, Adv.
    Mr. Krishna, Adv.

    For Respondent(s)

    UPON hearing the counsel the Court made the following


    Signature Not Verified
    O R D E R
    Digitally signed by
    Narendra Prasad
    Date: 2023.12.08

    1.
    15:11:13 IST
    Reason: Perusal of the impugned order would reveal that the High Court
    has not even considered the case on merits.

    1
    2. In that view of the matter, issue notice, returnable in four
    weeks.
    3. In addition to the usual mode, liberty is granted to the
    petitioner to serve notice through the Standing Counsel for the
    respondent/State.
    4. By way of ad interim order, in the event of arrest petitioner
    be released on bail in connection with FIR being No.11210068230266
    dated 21.07.2023 registered with Vesu Police Station, Surat City,
    subject to him executing personal bonds for a sum of Rs.25,000/-
    (Rupees Twenty Five Thousand only), with one or more sureties in
    the like amount.
    5. However, the petitioner is directed to cooperate with the
    investigation and report to the Investigating Officer as and when
    directed to do so.

    (NARENDRA PRASAD) (ANJU KAPOOR)


    ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)

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