State of
Assam & ANR Vs. R.K. Krishna Kumar & Ors, Dr. Brojen Gogoi & Ors
[1997] INSC 802 (24 October 1997)
M.K.
MUKHERJEE, K.T. THOMAS
ACT:
HEADNOTE:
THE
24TH DAY OF OCTOBER, 1997 Present:
Hon'ble
Mr. Justice M.K. Mukherjee Hon'ble Mr. Justice K.T. Thomas K.T.S. Tulsi, and Santosh
N. Hegde, Sr. Adv., Sunil K. Jain, Vijay Hansaria, J.K. Bhatia, Vikas Pahwa,
Adv. for M/s. Jain Hansari, & Co., Advs. with them for the appellants.
Gopal
Subramanian, Sr. Adv., Ashok Bhan, Ms. Bina Gupta, Ms. Rakhi Ray, Mahesh Jethmalani,
R.N. Karanjawala, U. Hazarika, Ms. Nandini Gore, (Bhaskar Pradhan) Adv. for Ms.
M. Karanjawala, Adv. with him for the Respondents.
The
following Judgment of the Court was delivered:
Thomas,
J.
Leave
granted, This appeal is in challenge of the order of a learned single Judge of
the Bombay High Court granting anticipatory ball to the respondent No. 1. When
this petition was taken up for hearing, his learned Counsel brought to our
notice that in spite of the above order the Assam police arrested respondent
No. 1 and took him into custody. Thereby, he submitted, the appellants have
violated the direction of the Bombay High Court in the impugned order.
Shri
K.T.S. Tulsi, the learned counsel appearing for the appellants, while conceding
that respondent No.1 was arrested, joined issue with him on the contention that
appellant violated the direction of the Bombay High Court.
He put
forward the stand of the State of Assam for not releasing him on bail.
We do
not think it necessary to deal with the said controversy in this appeal. If the
respondent No. 1 wants to raise that question it is open to him to move the
appropriate forum.
As the
respondent No. 1 is now under arrest this appeal has become infructuous. It is
accordingly dismissed.
Back