State Represented By: The Deputy Superintendent Of Police vs. Asif Musthaheen
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Order Issued After Hearing
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Case Registered
Listed On:
11 Nov 2024
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Order Text
COURT NO.3
SECTION $TT-C$
SUPREME COURT OF INDIA RECORD OF PROCEEDINGS
SPECIAL LEAVE PETITION (CRIMINAL) Diary No.29401/2024
[Arising out of impugned final judgment and order dated 12-12-2023 in CRLA No. 542/2023 passed by the High Court of Judicature at Madras]
STATE REPRESENTED BY: THE DEPUTY SUPERINTENDENT Petitioner(s) OF POLICE
VERSUS
ASIF MUSTHAHEEN
Respondent(s)
$(IA)$ No.223827/2024-CONDONATION OF DELAY IN FILING SLP, IA No.223828/2024-CONDONATION OF DELAY IN REFILING SLP)
Date : 11-11-2024 This matter was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE SURYA KANT HON'BLE MR. JUSTICE UJJAL BHUYAN
For Petitioner(s)
Mr. Sidharth Luthra, Sr. Adv. Mr. V. Krishna Moorthy, Sr. AAG Mr. Sabarish Subramanian, AOR Mr. D. Kumanan, Adv. Ms. Deepa S., Adv. Mr. Sheikhj F. Kalia, Adv. Mr. Veshal Tyagi, Adv. Mr. Chinmay Anand, Adv. Ms. Azka Sheikh Kalia, Adv.
For Respondent(s)
UPON hearing the counsel the Court made the following ORDER
Delay condoned. $\mathbf{1}.\quad$
$\mathbf{2}$ . We have heard learned Senior counsel for the petitioner at a <sup>nature Not V</sup>erify derable length and perused the record.
While we are not inclined to interfere with the impugned order passed by the High Court granting bail to the Respondent primarily on account of long incarceration, we expressly disapprove of the observations made by the High Court in Para Nos.15 to 22 regarding (i) the evidentiary value of the text messages; (ii) prima facie no offence under Section 38 (2) of the Unlawful Activities (Prevention) Act 1967 Act is made out; (iii) and whether there was any illegality/irregularity on the issue of sanction. Such observations by the High Court while deciding a bail application are apparently out of context, and the same are thus expunged, and shall not be treated as a precedent for any other matter. 4. The Special Leave Petition is, accordingly, dismissed.
(VISHAL ANAND) (PREETHI T.C.) ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR