Mohmad Hasnen Mohmad Harun Luhar vs. The State Of Gujarat

COURT NO.7

SUPREME COURT OF INDIA RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (Crl.) No(s). 5224/2023

(Arising out of impugned final judgment and order dated 16-01-2023 in CRLMA No. 825/2023 passed by the High Court of Gujarat at Ahmedabad)

MOHMAD HASNEN MOHMAD HARUN LUHAR

Petitioner(s)

VERSUS

STATE OF GUJARAT & ORS.

Respondent $(s)$

(FOR ADMISSION and IA No. 84049/2023 - EXEMPTION FROM FILING O.T. IA No. 84048/2023 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES)

WITH SLP(Crl) No. 5115/2023 (FOR ADMISSION and I.R. and IA No.82496/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.82495/2023-EXEMPTION FROM FILING O.T.)

Date: 02-02-2024 These matters were called on for hearing today.

CORAM:

HON'BLE MR. JUSTICE ABHAY S. OKA HON'RIF MR. JUSTICE II. JAI BHIIYAN

For Petitioner(s)

Mr. Devadatt Kamat, Sr. Adv. Mr. Javedur Rahman, AOR Mr. Ashraf Ghoghari, Adv. Mr. Mudassir, Adv.

• Mr. Purvish Jitendra Malkan, AOR
• Mr. Mohsin Saiyed, Adv.
• Mr. Narayan Laxman Rao, Adv.
• Ms. Dharita Purvish Malkan, Adv.
• Mr. Alok Kumar, Adv.
• Mr. Kush Goel, Adv.
• Ms. Deepa Gorasia, Adv.

For Respondent(s)

• Ms. Swati Ghildival, AOR
• Ms. Devyani Bhatt, Adv.

Ms. Meenakshi Arora, Sr. Adv. Mr. Mohit D. Ram, AOR Ms. Monisha Handa, Adv. Mr. Rajul Shrivastav, Adv. Mr. Anubhav Sharma, Adv. Mr. Kailas Bajirao Autade, AOR Mr. Harin P. Raval, Sr. Adv. Mr. Raghav Kacker, Adv. Mr. Siddharth H. Raval, Adv. Ms. Shrestha Narayan, Adv. Ms. Shreya Bansal, Adv. Mr. Aayush Shukla, Adv. Mr. Yadav Narender Singh, AOR Mr. Aaftabhusen Altafhusen Ansari, AOR Ms. Laksha Bhawanani, Adv.

UPON hearing the counsel the Court made the following O R D E R

It is not in dispute that, as recorded in the earlier order, one of the two petitioners applied before the High Court for interim bail and was granted interim bail. In the application for bail, it is stated that there is no application for bail pending in the High Court or in this Court. Moreover, even the other petitioner applied for temporary bail before the Trial Court. These facts were not disclosed to the advocate for the petitioners by the petitioners and therefore, these facts were never brought to the notice of the Court on 23rd January, 2024 when these petitions were listed before this Court. The petitioners have tendered apology for the said conduct.

2

We dispose of these Special Leave Petitions by granting liberty to the petitioners to make a fresh application for grant of bail before the Trial Court. As the petitioners have tendered apology for their conduct, the acts of the petitioners of filing applications, as aforesaid, shall not come in the way of the petitioners for consideration of the prayer for bail, if they are otherwise entitled to bail.

We are sure that if a fresh application is made, the Trial Court will decide the same on its own merits and as expeditiously as possible. The Court will also consider the period of custody of the petitioners and the fact that charge sheet has been filed.

Subject to what is observed above, all contentions are left open.

The Special Leave Petitions are disposed of in terms aforesaid.

Pending applications also stand disposed of.

(ANITA MALHOTRA) (AVGV RAMU) AR-CUM-PS COURT MASTER