B. Rama Raju vs. Union Of India Ministry Of Finance Deptt. Of Revenue
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Order Issued After Hearing
Purpose:
First Hearing
Listed On:
10 Jul 2017
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Order Text
SLP(Crl.) 4634/2014
1
ITEM NO.2 COURT NO.4 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
I.A. No.79035/2018 in Petition(s) for Special Leave to Appeal (Crl.) No.4634/2014
(Arising out of impugned final judgment and order dated 30-04-2014 in CRLA No. 1132/2012 passed by the High Court of Judicature at Bombay)
VIJAY MADANLAL CHOUDHARY & ORS. Petitioner(s)
VERSUS
UNION OF INDIA & ORS. Respondent(s)
(With appln.(s) for direction)
Date : 31-05-2018 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE L. NAGESWARA RAO HON'BLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR (VACATION BENCH)
For Petitioner(s)
Ms. Preeti Singh, AOR
Mr. Vikram Chaudhri, Sr. Adv.
Mr. Nikhil Jain, AOR Mr. Rishi Sehgal, Adv.
M/s. Fox Mandal & Co.
For Respondent(s) Mr. Vikramjit Banerjee, ASG Mr. T.A. Khan, Adv. Mr. S.S. Shamsheri, Adv. Ms. Shruti Agarwal, Adv. Mr. Shubhendu Anand, Adv. Mr. Mukesh Kumar Maroria, AOR Mr. M. T. George, AOR Reason:
Mr. O. P. Gaggar, AOR
Mr. V. Sudeer, Adv. Mr. M.B. Rama Subba Raju, Adv. Mr. M. chandra Sekhar, Adv. Ms. Soumyashree Kulkarni, Adv. Mr. Balaji Srinivasan, AOR Mr. Nitin Kumar Thakur, AOR Ms. Gunjan S. Jain, Adv. Mr. Tavinder P. Sidhu, Adv. M/s. M. V. Kini & Associates Mr. Nishant Ramakantrao Katneshwarkar, AOR
UPON hearing the counsel the Court made the following O R D E R
The Additional Chief Metropolitan Magistrate, Esplanade, Mumbai, should have realized that once an order is passed by the Supreme Court directing release of the petitioner on bail and there is no mention about the bail amount, it is incumbent on the trial court to fix the amount for the bail bonds. The order dated 21st May, 2018, of the Additional Chief Metropolitan Magistrate, Esplanade, Mumbai, refusing to release the petitioner on bail on the ground that bail amount has not been mentioned in our order, is not justified.
The Additional Chief Metropolitan Magistrate, Esplanade, Mumbai, is well advised to proceed to release the petitioner on bail to his satisfaction by fixing the amount for the bail bonds.
The application is disposed of accordingly.
(Chetan Kumar) (Tapan Kumar Chakraborty) A.R.-cum-P.S. Court Master