SHARAD KUMAR vs CENTRAL BUREAU OF INVESTIGATION

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2011 Supreme(SC) 573

SUPREME COURT OF INDIA
G.S. SINGHVI AND DR. B.S. CHAUHAN, JJ.
SHARAD KUMAR AND OTHERS .. Petitioners;
Versus
CENTRAL BUREAU OF INVESTIGATION .. Respondent.
SLPs (Crl) Nos. 4584-85 of 2011,
Decided On : June 20, 2011

Advocates Appeared:
Altaf Ahmed [in SLP (Crl.) No. 4584 of 2011], Sushil Kumar [in SLP (Crl.) No. 4585 of 2011] and R. Shunmugasundram, Senior Advocates (V.G. Pragasam, SJ.Aristotle, Aditya Kumar and Harpreet Singh, Advocates) for the Petitioners;
A.S. Chandhoik, Additional Solicitor General (Ms Sonia Mathur, Ms Shweta Verma and Arvind Kr. Sharma, Advocates) for the Respondent.

Headnote:Code of Criminal Procedure, 1973 – Section 439 – High Court refusing to entertain petition for bail – No infirmity – Liberty given to petitioners to file petition for bail before the Special Court after framing of charge – Petitioner 2 given liberty to invoke section 437. (Para 3)
       Facts of the case:
       Refusal of single Judge of High Court to entertain bail petitions is under challenge in these SLPs.
       Result: SLPs dismissed. Liberty given to file bail petitions before the Special Court.

ORDER

1. These petitions are directed against the order dated 8-6-2011 passed by the learned Single Judge of the Delhi High Court whereby he rejected the petitions filed by the petitioners under Section 439 of the Code of Criminal Procedure.

2. We have heard the learned counsel for the parties at length and perused the record of the case. In our view, the reasons assigned by the learned Special Judge and the learned Single Judge of the High Court for refusing to entertain the petitioners' prayer for bail do not suffer from any legal infirmity.

3. The special leave petitions are accordingly dismissed. However, liberty is given to the petitioners to file fresh applications under Section 439 of the Code of Criminal Procedure before the Special Court after framing of the charges. In her application, Petitioner 2 shall be entitled to again invoke the provisions of Section 437 of the Code of Criminal Procedure.

4. The fresh applications filed by the petitioners shall be decided by the Special Court without being influenced by the rejection of the earlier applications.

Court Masters

Click Here to Read the rest of this document

2011 Supreme(SC) 573

SUPREME COURT OF INDIAG.S. SINGHVI AND DR. B.S. CHAUHAN, JJ.SHARAD KUMAR AND OTHERS .. Petitioners;Versus CENTRAL BUREAU OF INVESTIGATION .. Respondent.SLPs (Crl) Nos. 4584-85 of 2011, Decided On : June 20, 2011

SUPREME COURT OF INDIA
G.S. SINGHVI AND DR. B.S. CHAUHAN, JJ.
SHARAD KUMAR AND OTHERS .. Petitioners;
Versus
CENTRAL BUREAU OF INVESTIGATION .. Respondent.
SLPs (Crl) Nos. 4584-85 of 2011,
Decided On : June 20, 2011