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2019 Supreme(SC) 2174

RANJAN GOGOI, ANIRUDDHA BOSE
Union Of India – Appellant
Versus
Sapna Jain – Respondent


Advocates Appeared:
SLP(Crl) 4322-4324/2019 Mr. Tushar Mehta, SG & D.No. 15477/2019 Mr. K.M. Nat raj, ASG Mr. Kanu Agrawal, Adv. Mr. Raj at Nair, Adv. Mr. Rupesh Kumar, Adv. Mr. B. Krishna Prasad, AOR SLP(Crl.) 4571/2019 Mr. Mukul Rustogi, Adv. Mr. Parmatma Singh, AOR Mr. Mayank Jain, Adv. Mr. Madhur Jain, Adv.Mr. Amit K. Nain, AOR, for the Appellant; Mr. Mukul Rohatgi, Sr. Adv. Mr. Abhishek Rastogi, Adv. Mr. Sanjeev Kumar, Adv. M/s. Khaitan & Co., AOR Mr. Tushar Mehta, SG Mr. K.M. Natraj, ASG Mr. Kanu Agrawal, Adv. Mr. Raj at Nair, Adv. Mr. Rupesh Kumar, Adv. Mr. B. Krishna Prasad, AOR, for the Respondent

ORDER

SLP(Crl.) Nos. 4322-4324/2019, Diary No. 15477/2019 and SLP(Crl.) No. 4546/2019

Delay condoned.

1. Issue notice returnable in four weeks.

2. As different High Courts of the country have taken divergent views in the matter, we are of the view that the position in law should be clarified by this Court. Hence, the notice.

3. As the accused-respondents have been granted the privilege of pre-arrest bail by the High Court by the impugned orders, at this stage, we are not inclined to interfere with the same. However, we make it clear that the High Courts while entertaining such request in future, will keep in mind that this Court by order dated 27.5.2019 passed in SLP(Crl.) No. 4430/2019 had dismissed the special leave petition filed against the judgment and order of the Telangana High Court in a similar matter, wherein the High Court of Telangana had taken a view contrary to what has been held by the High Court in the present case.

4. Beyond the above, we do not consider it necessary to observe anything further.

5. The present matters alongwith other connected matters (SLP(Crl.) No. 244/2019, W.P. (Crl.) No. 118/2019, T.C. (Crl.) No. 3/2018, T.C. (Crl.) No. 4/2018, SLP(Crl.) No. 46

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