Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(SC) 917

SUPREME COURT OF INDIA
Sanjay Kishan Kaul, Dinesh Maheshwari, Hrishikesh Roy, JJ.
Dharmesh @ Dharmendra @ Dhamo Jagdishbhai @ Jagabhai Bhagubhai Ratadia & Anr. - Appellants
Versus
The State Of Gujarat - Respondent
Petition(S) for Special Leave to Appeal (Crl.) No(S). 673/2021 (Arising Out of impugned final Judgment and order dated 15-12-2020 in CRLMA No. 17566/2020 passed by the High Court of Gujarat at Ahmedabad)
Decided On : 28-01-2021

Advocates appeared:
Ms. Aastha Mehta, Advocate., for the Appellant; Ms. Vishakha, Advocate., Mr. Tushar Gokani, Advocate., Mr. Atul Kumar, Advocate, for the Respondent.

Points Of Law : Sections 357 and 357-A of the Criminal Procedure Code would apply only at the stage of conviction and not at the stage of grant of bail so far as payment of compensation to the victims are concerned.

Headnote:
Criminal Procedure Code,1973 - Sections 357 and 357-A - Issue notice –Anticipatory of bail – Applications for exemption - Applications for exemption from filing certified copy of impugned judgment and exemption from filing official translation are allowed - Counsel for petitioners contends that both provisions which appear to have been relied upon in impugned order i.e. Sections 357 and 357-A of Criminal Procedure Code would apply only at stage of conviction and not at stage of grant of bail so far as payment of compensation to victims are concerned.
Finding Of The Court :
Court would like to examine aforesaid issue as also issue whether this is a fit case for grant of bail at all to petitioners - Issue notice returnable in two weeks - Dasti service in addition through the standing counsel.
Result : Appeal allowed

ORDER

1. Applications for exemption from filing certified copy of the impugned judgment and exemption from filing official translation are allowed.

2. Learned counsel for the petitioners contends that both the provisions which appear to have been relied upon in the impugned order i.e. Sections 357 and 357-A of the Criminal Procedure Code would apply only at the stage of conviction and not at the stage of grant of bail so far as payment of compensation to the victims are concerned.

3. We would like to examine the aforesaid issue as also the issue whether this is a fit case for grant of bail at all to the petitioners.

4. Issue notice returnable in two weeks.

5. Dasti service in addition through the standing counsel.

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