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AKHTAR PARWEZ v. THE STATE OF WEST BENGAL

Supreme Court of India | Diary 10152/2022

Status

ROP - of Main Case

Decided On

05-12-2022

Bench

HON'BLE MR. JUSTICE SANJAY KISHAN KAUL and HON'BLE MR. JUSTICE ABHAY S. OKA

Petitioner

AKHTAR PARWEZ

Respondent

THE STATE OF WEST BENGAL

Primary Holding

Interim bail granted on medical grounds may be made absolute with conditions of personal appearance on all dates and full cooperation with trial, with liberty to the trial court to cancel bail upon procrastination by the accused.

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Full Judgment Text

1 IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 2164 /2022 [@ SLP [CRL.] NO. 3231/2022] AKHTAR PARWEZ Appellant(s) VERSUS THE STATE OF WEST BENGAL Respondent(s) O R D E R Leave granted. Heard learned counsel for parties. We are informed that still charges have not been framed and arguments are in progress on framing of charges/application seeking discharge. In view of the facts and circumstances, we consider appropriate that the interim bail granted to the appellant by order dated 01.08.2022 is made absolute subject to the condition that the accused shall remain personally present in Court on all dates as is now fixed and will not seek any adjournments. The accused will cooperate with the trial to the fullest extent and we give liberty to the trial Court that in case the accused procrastinates or does not cooperate during the process of trial, the bail granted by this Court can be cancelled.

2 The appeal stands disposed of. ……………………………………….J. [SANJAY KISHAN KAUL] ……………………………………….J. [ABHAY S. OKA] NEW DELHI; DECEMBER 05, 2022.

3 ITEM NO.15 COURT NO.2 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). 3231/2022 (Arising out of impugned final judgment and order dated 16-03-2022 in CRM No. 7021/2021 passed by the High Court At Calcutta) AKHTAR PARWEZ Petitioner(s) VERSUS THE STATE OF WEST BENGAL Respondent(s) IA No. 91698/2022 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES IA No. 187808/2022 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) Date : 05-12-2022 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE ABHAY S. OKA For Petitioner(s) Mr. Mukul Rohatgi, Sr. Adv. Mr. Siddharth Luthra, Sr. Adv. Mr. Anand Grover, Sr. Adv. Mr. Ankur Chawla, Adv. Mr. Rajdeep Mazumdar, Adv. Mr. Aamir Khan, Adv. Mr. Jayant Mohan, AOR Ms. Adya Shree Dutta, Adv. Mr. Shivam Tandon, Adv. Mr. Pandey Singhal, Adv. Mr. Hardik Rupal, Adv. Mr. Moyukh Mukherjee, Adv. For Respondent(s) Mr. R. Basant, Sr. Adv. Ms. Astha Sharma, AOR Mr. Vishnu Pazhanganat, Adv. Mr. Ravinder Singh, Adv. Ms. Raveesha Gupta, Adv. Mr. Sanjeev Kaushik, Adv. Mr. Shreyas Awasthi, Adv. Mr. Devvrat Singh, Adv. M/S. PLR Chambers And Co., AOR

4 UPON hearing the counsel the Court made the following O R D E R Leave granted. The appeal stands disposed of in terms of the signed order. Pending applications stand disposed of. (ASHA SUNDRIYAL) (POONAM VAID) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH) [Signed order is placed on the file]

1 ITEM NO.31 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). 3231/2022 (Arising out of impugned final judgment and order dated 16-03-2022 in CRM No. 7021/2021 passed by the High Court At Calcutta) AKHTAR PARWEZ Petitioner(s) VERSUS THE STATE OF WEST BENGAL Respondent(s) (FOR ADMISSION and I.R. ) Date : 01-08-2022 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE M.M. SUNDRESH For Petitioner(s) Mr. Mukul Rohatgi, Sr. Adv. Mr. Siddharth Luthra, Sr. Adv. Mr. Anand Grover, Sr. Adv. Mr. Ankur Chawla, Adv. Mr. Razdeep Mazumdar, Adv. Mr. Aamir Khan, Adv. Mr. Jayant Mohan, AOR Ms. Adya Shree Dutta, Adv. Mr. Shivam Tandon, Adv. Mr. Pankaj Singhal, Adv. Mr. Hardik Rupal, Adv. For Respondent(s) Mr. R. Basant, Sr. Adv. Mr. Suhaan Mukerji, Adv. Mr. Nikhil Parikshith, Adv. Mr. Vishal Prasad, Adv. Mr. Abhishek manchanda, Adv. Mr. Vishnu Pazhanganat, Adv. Mr. Sayandeep Pahari, Adv. Mr. Tanmay Sinha, Adv. for M/S. PLR Chambers And Co., AOR UPON hearing the counsel the Court made the following O R D E R On hearing learned counsel for parties and

2 perusing the reply affidavit there is little doubt that the accused has medical condition and has been under treatment. The continued treatment has resulted in a situation where the accused is now fit to stand trial. The concern expressed by learned Counsel for the State is that if the accused is enlarged on bail, he will impede the trial. In view of the facts and circumstances, at this stage we are inclined to grant interim bail to the petitioner till the next date and the progress of the trial be brought to the notice of this Court. The accused shall remain in Court on all the dates as it is now being pointed out that the next date fixed for framing of charges is 28.08.2022. List on 05.12.2022. [CHARANJEET KAUR] [POONAM VAID] ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)

ITEM NO.32 COURT NO.5 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). 3231/2022 (Arising out of impugned final judgment and order dated 16-03-2022 in CRM No. 7021/2021 passed by the High Court At Calcutta) AKHTAR PARWEZ Petitioner(s) VERSUS THE STATE OF WEST BENGAL Respondent(s) (FOR ADMISSION and I.R. ) Date : 14-07-2022 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE M.M. SUNDRESH For Petitioner(s) Mr.Jayant Mohan, AOR Mr. Aamir Khan, Adv. Mr. Rajdeep Mamjumdar, Adv. Mr. Akshay Sahni, Adv. For Respondent(s) Mr. R. Basant, Sr. Adv. Mr. Suhaan Mukerji, Adv. Mr. Mikhil Parikshith, Adv. Mr. Vishal Prasad, Adv. Mr. Abhishek Manchanda, Adv. Mr. Vishnu Pazhanganat, Adv. Mr. Sayandeep pahari, Adv. Mr. Tanmay Sinha, Adv. for M/S. PLR Chambers And Co., AOR UPON hearing the counsel the Court made the following O R D E R Learned counsel for the State seeks some time to obtain requisite instructions and file an affidavit, if so required, within ten days. List on 01.08.2022. [CHARANJEET KAUR] [POONAM VAID] ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)

ITEM NO.20 COURT NO.6 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.3231/2022 (Arising out of impugned final judgment and order dated 16-03-2022 in CRM No. 7021/2021 passed by the High Court At Calcutta) AKHTAR PARWEZ Petitioner(s) VERSUS THE STATE OF WEST BENGAL Respondent(s) IA No.52564/2022-PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES ) Date : 13-04-2022 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE M.M. SUNDRESH For Petitioner(s) Mr. Mukul Rohatgi, Sr. Adv. Mr. Siddarth Luthra, Sr. Adv. Mr. Ankur Chawla, Adv. Mr. Rajdeep Mazumdar, Adv. Mr. Amir Khan, Adv. Mr. Jayant Mohan, AOR Ms. Adya Shree Dutta, Adv. Mr. Shivam Tandon, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Permission to file additional documents/facts/annexures is allowed. Issue notice returnable in the miscellaneous week after the summer recess. (RASHMI DHYANI) (POONAM VAID) COURT MASTER COURT MASTER

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