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Anil Harikisan Navandar Vs. State of Maharashtra & ANR.

[Criminal Appeal No.1364/2017 @ SLP (CRL) No. 2072/2016]

[Criminal Appeal No. 1362 of 2017 @ Special Leave Petition (CRL) No. 217 of 2016]


1. Leave granted.

2. The appellants approached this Court aggrieved by the denial of orders under Section 438 Cr.P.C.

3. When the matters were listed before this Court, protection from arrest has been granted by this Court.

4. In the nature of order we propose to pass, it is not necessary for us to go into the details of the facts. Perhaps the High Court was justified in going deep into the facts, since there was a petition under Section 482 Cr.P.C. before it.

5. Be that as it may, we are informed that Accused No.1 has already been granted bail by the High Court. These matters have been pending before this Court for more than one year.

6. In the above circumstances, we are of the view that there is no point in keeping these appeals pending before this Court.

Hence, these appeals are disposed of as follows:

As and when the Investigating Officer files a final report under Section 173(2) Cr.P.C. and in case the appellants are summoned, they shall surrender before the Trial Court and their applications for bail shall be considered by the Trial Court without further delay. We make it clear that the Trial Court will proceed with the trial uninfluenced by any of the observations and findings made by the High Court in the impugned judgment.

7. Pending application(s), if any, shall stand disposed of.

......................J. [KURIAN JOSEPH]

......................J. [R. BANUMATHI]


AUGUST 09, 2017.

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