NAVAL DIPAKKUMAR THAKKAR vs STATE OF GUJARAT

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(SC) 454

DIPANKAR DATTA, A. S. BOPANNA
NAVAL DIPAKKUMAR THAKKAR – Appellant
Versus
STATE OF GUJARAT – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Ms. Uttara Babbar, AOR, Mr. Madhav Maira, Adv.
For the Respondent: Mr. Sumesh Dhawan, Adv., Mr. Gaurav Nanavati, Adv., Mr. Nishant Rao, Adv., Ms. Aastha Mehta, Adv., Mr. Atul Kumar, AOR, Ms. Deepanwita Priyanka, Adv., Ms. Swati Ghildiyal, AOR, Ms. Devyani Bhatt, Adv.

ORDER :

1. Leave granted.

2. Application (IA No. 53214/2023) seeking intervention/impleadment is allowed.

3. Heard the learned counsel for the appellant, the learned counsel for the respondent-State as also the learned counsel for the prosecutrix and the informant and perused the appeal papers.

4. The appellant is facing proceedings in respect of the allegation under Section 376(2) of the Indian Penal Code. The appellant was arrested on 10.08.2022 and has spent more than eight months in custody as on date. Though, the charge-sheet has been filed, the Trial Court has not yet framed the charges and the trial has not commenced. In a matter of the present nature though, we have referred to the entire material available on record including the explanation sought to be put forth by the appellant, we do not propose to specifically refer to the same as it may otherwise affect the case of the parties on merits.

5. However, having taken into consideration the fact that charge-sheet has been filed and the appellant has been in incarceration for more than eight months, we deem it appropriate to direct release of the appellant on bail subject to the appropriate conditions to be imposed by the Trial

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