1 CRIMINAL APPEAL @ SLP [CRL.] NO.4285/2023 & Contd. matter IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 2894 /2023 [@ SLP [CRL.] NO.4285/2023] DHIRAJ PRALHADRAO GAWANDE Appellant(s) VERSUS THE STATE OF MAHARASHTRA Respondent(s) WITH CRIMINAL APPEAL NO.2895 /2023 [@ SLP(Crl) No. 4286/2023] O R D E R Leave granted. We have heard learned counsel for parties. We are informed that the two other eye witnesses have reported to the Court but did not want to depose albeit on account of perceived threat by reason of the other accused being enlarged on bail as is submitted by learned counsel for the State. A perusal of the FIR shows that there is a role of using chairs to attack the deceased which is common to a number of accused. The role assigned to Vikram alias Chhotu Shriram Gawande and Ranjit Shriram Gawande are different as Vikram attacked the head of the deceased and continued to do so with a cylinder, Ranjit attacked the face and thighs with an iron stand and thus, these two stand on a different footing. We are informed that now official witnesses have to be examined.
2 CRIMINAL APPEAL @ SLP [CRL.] NO.4285/2023 & Contd. matter In view of the aforesaid facts and circumstances, we grant bail to the appellants on terms and conditions to the satisfaction of the trial Court. As has been pointed out to us that in respect of the other accused enlarged on bail, the High Court had imposed a condition that they would not enter the territorial jurisdiction of Akola Municipal Council except when the dates of the case are fixed. Apart from any other condition to be specified by the trial Court, this condition shall be binding. The appeals accordingly stand disposed of. …………………………………………………...J. [SANJAY KISHAN KAUL] …………………………………………………...J. [SUDHANSHU DHULIA] NEW DELHI; SEPTEMBER 18, 2023.
3 CRIMINAL APPEAL @ SLP [CRL.] NO.4285/2023 & Contd. matter ITEM NO.2 COURT NO.2 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). 4285/2023 (Arising out of impugned final judgment and order dated 28-11-2022 in CRLA(BA) No. 542/2022 passed by the High Court Of Judicature At Bombay At Nagpur) DHIRAJ PRALHADRAO GAWANDE Petitioner(s) VERSUS THE STATE OF MAHARASHTRA Respondent(s) (BAIL MATTERS ) WITH SLP(Crl) No. 4286/2023 (II-A) Date : 18-09-2023 These petitions were called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE SUDHANSHU DHULIA For Petitioner(s) Mr. Nidesh Gupta, Sr. Adv. Ms. Sitwat Nabi, Adv. Dr. Manoj Gorkela, Adv. Ms. Indira Goswami, Adv. Mr. Adutiya Veer, Adv. Mr. Abhishek Kushwaha, Adv. Raina Anand, Adv. Ms. Riyal Suryawanshi, Adv. Mr. Ankit Srivastava, Adv. M/S. Gorkela Law Office, AOR For Respondent(s) Mr. Aaditya Aniruddha Pande, AOR Mr. Siddharth Dharmadhikari, Adv. Mr. Bharat Bagla, Adv. Mr. Sourav Singh, Adv. Mr. Aditya Krishna, Adv. Mr. Mukul Rohatgi, Sr. Adv. Mr. Rohit Anil Rathi, AOR Mr. Narendra Dhoot, Adv. Ms. Diviani Verma, Adv. Mr. Keshav Sehgal, Adv. Mr. Yashas RK, Adv.
4 CRIMINAL APPEAL @ SLP [CRL.] NO.4285/2023 & Contd. matter UPON hearing the counsel the Court made the following O R D E R Leave granted. The appellants are granted bail on terms and conditions to the satisfaction of the trial Court. The appeals stand disposed of in terms of the signed order. Pending application, if any, stands disposed of. (ASHA SUNDRIYAL) (POONAM VAID) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH) [SIGNED ORDER IS PLACED ON THE FILE]
SLP(Crl.) No.4285/2023 1 ITEM NO.8, 8.1 COURT NO.2 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). 4285/2023 (Arising out of impugned final judgment and order dated 28-11-2022 in CRLA(BA) No. 542/2022 passed by the High Court Of Judicature At Bombay At Nagpur) DHIRAJ PRALHADRAO GAWANDE Petitioner(s) VERSUS THE STATE OF MAHARASHTRA Respondent(s) (BAIL MATTERS ) WITH SLP(Crl) No. 4286/2023 (II-A) Date : 11-09-2023 These petitions were called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE SUDHANSHU DHULIA For Petitioner(s) Mr. Nidesh Gupta, Sr. Adv. Dr. Manoj Gorkela, Adv. Ms. Sitwat Nabi, Adv. Ms. Indira Goswami, Adv. Mr. Adutiya Veer, Adv. Mr. Varun Kumar, Adv. Mr. Abhishek Kushwaha, Adv. Ms. Raina Anand, Adv. Mr. Ankit Srivastava, Adv. For M/S. Gorkela Law Office, AOR For Respondent(s) Mr. Aaditya Aniruddha Pande, AOR Mr. Siddharth Dharmadhikari, Adv. Mr. Bharat Bagla, Adv. Mr. Sourav Singh, Adv. Mr. Aditya Krishna, Adv. Mr. Siddhartha Dave, Sr. Adv. Mr. Rohit Anil Rathi, AOR Mr. Narendra Dhoot, Adv. Ms. Diviani Verma, Adv. Mr. Yashas Rk, Adv.
SLP(Crl.) No.4285/2023 2 UPON hearing the counsel the Court made the following O R D E R Learned counsel for the State submits that the schedule for examination of witnesses by consent has been set out for 13.09.2023 to 16.09.2023. List on 18.09.2023. [CHARANJEET KAUR] [POONAM VAID] ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)
1 ITEM NO.12 COURT NO.2 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). 4285/2023 (Arising out of impugned final judgment and order dated 28-11-2022 in CRLA(BA) No. 542/2022 passed by the High Court Of Judicature At Bombay At Nagpur) DHIRAJ PRALHADRAO GAWANDE Petitioner(s) VERSUS THE STATE OF MAHARASHTRA Respondent(s) (BAIL MATTERS ) WITH SLP(Crl) No. 4286/2023 (II-A) Date : 07-08-2023 These petitions were called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE SUDHANSHU DHULIA For Petitioner(s) Mr. Nidesh Gupta, Sr. Adv. Dr. Manoj Gorkela, Adv. Ms. Sitwat Nabi, Adv. Mr. Adutiya Veer, Adv. Mr. Varun Kumar, Adv. Ms. Raina Anand, Adv. For M/S. Gorkela Law Office, AOR For Respondent(s) Mr. Aaditya Aniruddha Pande, AOR Mr. Siddharth Dharmadhikari, Adv. Mr. Bharat Bagla, Adv. Mr. Sourav Singh, Adv. Mr. Aditya Krishna, Adv. Mr. Mukul Rohatgi, Sr. Adv. Mr. Rohit Anil Rathi, AOR Mr. Narendra Dhoot, Adv. Ms. Diviani Verma, Adv. UPON hearing the counsel the Court made the following O R D E R Learned counsel for the State submits that
2 the date is now fixed for 10/11.08.2023 for examining of the two eye-witnesses who could not be examined earlier as one of them was unwell and there was bereavement in the family of other eye-witness. List on 28.08.2023. [CHARANJEET KAUR] [POONAM VAID] ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)
ITEM NO.5 COURT NO.2 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). 4285/2023 (Arising out of impugned final judgment and order dated 28-11-2022 in CRL.A.(BA) No. 542/2022 in FIR No.225/2019 passed by the High Court Of Judicature At Bombay At Nagpur) DHIRAJ PRALHADRAO GAWANDE Petitioner(s) VERSUS THE STATE OF MAHARASHTRA Respondent(s) (BAIL MATTERS ) WITH SLP(Crl) No. 4286/2023 (II-A) Date : 16-05-2023 These petitions were called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE AHSANUDDIN AMANULLAH For Petitioner(s) Mr. Nidesh Gupta, Sr. Adv. Dr. Manoj Gorkela, Adv. Mr. Varun Kumar, Adv. Mr. Adutiya Veer, Adv. Mr. Sourav Singh, Adv. M/S. Gorkela Law Office, AOR For Respondent(s) Mr. Aaditya Aniruddha Pande, AOR Mr. Siddharth Dharmadhikari, Adv. Mr. Bharat Bagla, Adv. Mr. Sourav Singh, Adv. Mr. Mukul Rohatgi, Sr. Adv. Mr. Rohit Anil Rathi, AOR Mr. Narendra Dhoot, Adv. Ms. Diviani Verma, Adv. Ms. Misha Rohatgi, Adv. 1
UPON hearing the counsel the Court made the following O R D E R We are informed that three out of the five eye-witnesses have been examined and one of the witness is under protection because of threat meted out by another co-accused who had been granted bail. The accused are stated to be part of a larger family and the episode occurred in a lawyer’s office. On our query, learned counsel for the State submits that it may require about two to three months to record the statement of the remaining eye-witnesses. List in the first week of August, 2023. (RASHMI DHYANI PANT) (RANJANA SHAILEY) COURT MASTER COURT MASTER (NSH) 2
ITEM NO.6 COURT NO.2 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). 4285/2023 (Arising out of impugned final judgment and order dated 28-11-2022 in CRLA(BA) No. 542/2022 passed by the High Court Of Judicature At Bombay At Nagpur) DHIRAJ PRALHADRAO GAWANDE Petitioner(s) VERSUS THE STATE OF MAHARASHTRA Respondent(s) (BAIL MATTERS ) WITH SLP(Crl) No. 4286/2023 (II-A) Date : 21-04-2023 These petitions were called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE AHSANUDDIN AMANULLAH For Petitioner(s) Mr. Nidesh Gupta, Sr. Adv. Dr. Manoj Gorkela, Adv. Mr. Adutiya Veer, Adv. Mr. Sourav Singh, Adv. Mr. Varun Kumar, Adv. M/S. Gorkela Law Office, AOR For Respondent(s) Mr. Aaditya Aniruddha Pande, AOR Mr. Siddharth Dharmadhikari, Adv. Mr. Bharat Bagla, Adv. Mr. Sourav Singh, Adv. Mr. Rohit Anil Rathi, AOR UPON hearing the counsel the Court made the following O R D E R An adjournment letter has been circulated by learned counsel for the respondent to file counter affidavit within a week. As prayed, list in the Miscellaneous week prior to the summer recess. (ASHA SUNDRIYAL) (POONAM VAID) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)
1 ITEM NO.2 +21 COURT NO.2 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 SPECIAL LEAVE PETITION (CRIMINAL) Diary No(s). 10035/2023 (Arising out of impugned final judgment and order dated 28-11-2022 in CRLA(BA) No. 542/2022 passed by the High Court Of Judicature At Bombay At Nagpur) DHIRAJ PRALHADRAO GAWANDE Petitioner(s) VERSUS THE STATE OF MAHARASHTRA Respondent(s) (FOR ADMISSION and I.R. and IA No.60086/2023-CONDONATION OF DELAY IN FILING ) D NO. 11055/2023 ([TO BE TAKEN UP ALONG WITH ITEM NO.2 I.E. Diary No. 10035/2023.]....FOR ADMISSION and I.R. Date : 29-03-2023 These petitions were called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE MANOJ MISRA HON'BLE MR. JUSTICE ARAVIND KUMAR For Petitioner(s) Mr. Nidesh Gupta, Sr. Adv. Dr. Manoj Gorkela, Adv. Mr. Sourav Singh, Adv. Mr. Varun Kumar, Adv. Mr. Adutiya Veer, Adv. Ms. Medha Shrivastava, Adv. For M/S. Gorkela Law Office, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Delay condoned. Learned counsel for the petitioners submits that the role of the petitioners was to attack the
2 deceased with wooden chairs and similarly situated accused have been granted bail. The petitioners are stated to have been in custody for more than 3 years and 10 months. Issue notice, returnable in three weeks. A copy of the order to accompany the notice. (CHARANJEET KAUR) (RAM SUBHAG SINGH) ASTT. REGISTRAR-cum-PS BRANCH OFFICER