IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO(S). OF 2025 (PETITION(S) FOR SPECIAL LEAVE TO APPEAL (CRL.) NO(S).3533/2025) ANSHUL DAYASHANKAR SHARMA APPELLANT(S) VERSUS THE STATE OF MAHARASHTRA RESPONDENT(S) O R D E R Leave granted. This appeal challenges the judgment and order dated 21.10.2024 passed by the High Court of Judicature at Bombay in Criminal Bail Application No. 2654 of 2024. The appellant Anshul Dayashankar Sharma has been facing trial in connection with a crime registered pursuant to First Information Report No.479/2022 dated 07.11.2022 lodged with Police Station Talegaon Dabhade, in respect of offences punishable under Sections 302, 143, 144, 147, 148, 149, 506, 120B of the Indian Penal Code, 1860, along with Section 4/25 1
of the Indian Arms Act, 1959, Sections 37(3)(1) and 135 of the Maharashtra Police Act, 1951 and Sections 3(1)(i), 3(1)(ii) and 3(4) of the Maharashtra Control of Organised Crime Act, 1999. An application seeking regular bail having been rejected by the High Court vide impugned order dated 21.10.2024, the appellant has preferred the instant appeal. This Court, vide its order dated 03.03.2025, issued notice in the instant matter. Heard learned counsel for the appellant in support of the appeal and learned counsel for the respondent-State and perused the material on record. Learned counsel for the appellant submitted that he is in jail since 08.11.2022 and he has not been produced before the court and as a result the charges are not yet framed; That there are as many as thirty accused, however, the appellant was not named in the First Information Report and in fact his presence at the spot is itself doubted. However, he has been implicated in the case but other co-accused namely Mahant, Prashant and Tejas have been granted regular bail. Having regard to the inevitable delay in the commencement of the trial and thereby its conclusion, the appellant may be protected from long incarceration 2
since he has been in jail for the last two and half years. Learned counsel, therefore, submitted that the impugned order may be set aside and relief of bail may be granted to him. Per contra , learned counsel for the respondent- State with reference to the counter affidavit contended that the appellant is part of the gang of boys who attacked the victim who was less than twenty years of age. The appellant has been identified and therefore, the bail has been rightly refused by the High Court. There is no merit in this appeal and hence, the same may be dismissed. Considering the facts on record, in our view, the case for bail is made out. We, therefore, allow this appeal and direct as under: “The appellant shall be produced before the concerned Trial Court as early as possible and the Trial Court shall release him on bail, subject to such conditions as it may deem appropriate to impose to ensure his presence in the proceedings arising out of FIR No. 479/2022 mentioned above.” 3
It is directed that the appellant shall extend complete cooperation in the trial of the instant case. The appellant shall not misuse his liberty in any manner. Any infraction of the conditions shall entail cancellation of bail granted to the appellant. With these observations, the appeal is allowed. ............................., J [B. V. NAGARATHNA] ............................., J [SATISH CHANDRA SHARMA] NEW DELHI May 09, 2025 4
ITEM NO.6 COURT NO.7 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).3533/2025 [ARISING OUT OF IMPUGNED FINAL JUDGMENT AND ORDER DATED 21-10- 2024 IN CRBA NO. 2654/2024 PASSED BY THE HIGH COURT OF JUDICATURE AT BOMBAY] ANSHUL DAYASHANKAR SHARMA PETITIONER(S) VERSUS THE STATE OF MAHARASHTRA RESPONDENT(S) (IA NO. 52391/2025 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT IA NO. 52392/2025 - EXEMPTION FROM FILING O.T. ) Date : 09-05-2025 This matter was called on for hearing today. CORAM : HON'BLE MRS. JUSTICE B.V. NAGARATHNA HON'BLE MR. JUSTICE SATISH CHANDRA SHARMA For Petitioner(s): Mr. Anand Dilip Landge, 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. Adarsh Dubey, Adv. UPON hearing the counsel the Court made the following O R D E R Leave granted. Appeal is allowed in terms of the signed order, which is placed on file. 5
Pending application(s), if any, shall stand disposed of. (B. LAKSHMI MANIKYA VALLI) (DIVYA BABBAR) COURT MASTER (SH) COURT MASTER (NSH) 6
ITEM NO.8 COURT NO.7 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). 3533/2025 [Arising out of impugned final judgment and order dated 21-10-2024 in CRBA No. 2654/2024 passed by the High Court of Judicature at Bombay] ANSHUL DAYASHANKAR SHARMA Petitioner(s) VERSUS THE STATE OF MAHARASHTRA Respondent(s) (IA No. 52391/2025 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT IA No. 52392/2025 - EXEMPTION FROM FILING O.T.) Date : 17-04-2025 This matter was called on for hearing today. CORAM : HON'BLE MRS. JUSTICE B.V. NAGARATHNA HON'BLE MR. JUSTICE SATISH CHANDRA SHARMA For Petitioner(s) Mr. Anand Dilip Landge, 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. Adarsh Dubey, Adv. UPON hearing the counsel the Court made the following O R D E R On the request made by learned counsel for the respondent-State, finally three weeks’ time is granted to file counter affidavit. List the matter on 09.05.2025. (RADHA SHARMA) (DIVYA BABBAR) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)
ITEM NO.12 COURT NO.7 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). 3533/2025 [Arising out of impugned final judgment and order dated 21-10-2024 in CRBA No. 2654/2024 passed by the High Court of Judicature at Bombay] ANSHUL DAYASHANKAR SHARMA Petitioner(s) VERSUS THE STATE OF MAHARASHTRA Respondent(s) IA No. 52391/2025 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT IA No. 52392/2025 - EXEMPTION FROM FILING O.T. Date : 28-03-2025 This matter was called on for hearing today. CORAM : HON'BLE MRS. JUSTICE B.V. NAGARATHNA HON'BLE MR. JUSTICE PRASANNA B. VARALE For Petitioner(s) : Mr. Anand Dilip Landge, AOR For Respondent(s) :Mr. Samrat Krishnarao Shinde, Adv. Mr. Siddharth Dharmadhikari, Adv. Mr. Aaditya Aniruddha Pande, AOR UPON hearing the counsel the Court made the following O R D E R Learned counsel for the respondent to ascertain as to when the charges are likely to be framed. Hence, list on 17.04.2025. In the meanwhile, the respondent/prosecution to take steps to produce the accused before the Court at the earliest. (NEETU SACHDEVA) (DIVYA BABBAR) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)
ITEM NO.7 COURT NO.7 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). 10150/2025 [Arising out of impugned final judgment and order dated 21-10-2024 in CRBA No. 2654/2024 passed by the High Court of Judicature at Bombay] ANSHUL DAYASHANKAR SHARMA Petitioner(s) VERSUS THE STATE OF MAHARASHTRA Respondent(s) IA No. 52390/2025 - CONDONATION OF DELAY IN FILING IA No. 52391/2025 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT IA No. 52392/2025 - EXEMPTION FROM FILING O.T. Date : 03-03-2025 This matter was called on for hearing today. CORAM : HON'BLE MRS. JUSTICE B.V. NAGARATHNA HON'BLE MR. JUSTICE SATISH CHANDRA SHARMA For Petitioner(s) :Mr. Anand Dilip Landge, AOR Mr. Sandip Magar, Adv. For Respondent(s) : UPON hearing the counsel the Court made the following O R D E R Delay condoned. Issue notice to the respondent, returnable on 28.03.2025. Learned counsel for the petitioner is also permitted to serve the standing counsel for the respondent/State. (NEETU SACHDEVA) (DIVYA BABBAR) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)