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SUPREME COURT OF INDIA
A.S. BOPANNA, M.M. SUNDRESH, JJ.
Sanket Bhadresh Modi – Petitioners
VERSUS
Central Bureau of Investigation (CBI) – Respondents
Petition for Special Leave to Appeal (Crl.) No. 631 of 2023 (Arising out of impugned final judgment and order dated 09-01-2023 in BA No. 3755/2022 passed by the High Court of Delhi at New Delhi)
Decided On : 13-07-2023
Interim Protection - Dissolution of Interim Protection - The court found that the High Court did not commit any error in rejecting the request of the petitioner for interim protection, leading to the dissolution of the interim protection granted earlier. The court declined to interfere with the impugned order.
Fact of the Case:
The court had initially granted interim protection against arrest of the petitioner, but upon reviewing the objection statement filed by the respondent, it found that the High Court did not commit any error in rejecting the petitioner's request for interim protection.
Finding of the Court:
The court found that the High Court's decision to reject the petitioner's request for interim protection was justified and dissolved the interim protection granted earlier.
Issues: The main issue was the petitioner's request for interim protection against arrest.
Ratio Decidendi: The court's decision was based on the finding that the High Court did not commit any error in rejecting the petitioner's request for interim protection.
Final Decision: The special leave petition was disposed of, and pending application(s) were also disposed of.
ORDER
Heard learned senior counsel for the petitioner as also learned ASG for the respondent and perused the petition papers.
2. Though this Court at the first instance had granted interim protection against arrest of the petitioner while directing notice to the respondent on 20.01.2023, we presently have the benefit of objection statement filed on behalf of the respondent. Having perused the same, we are of the opinion that the High Court has not committed any error in passing the impugned order rejecting the request of the petitioner. In that view, the order dated 20.01.2023 granting interim protection stands dissolved. We see no reason to interfere with the impugned order.
3. The special leave petition is, accordingly, disposed of.
Pending application(s) shall also stand disposed of.
The court upheld the High Court's decision to reject the petitioner's request for interim protection, leading to the dissolution of the interim protection granted earlier.
The principle of non-interference with interim orders when the matter is still pending before the lower court.
Bail – A lady is entitled to special protection under Section 437 of Cr.P.C.
The court's decision not to interfere in the impugned judgment and the specific observations regarding the learned Single Judge's remarks.
The Supreme Court upheld the High Court's interim order, emphasizing that the appeal process must be respected and that stay applications may be renewed at the appropriate level.
Courts generally defer to the decisions of lower courts unless there is a clear error on the record.
The court granted interim protection while directing the petitioner to cooperate with the ongoing investigation pending a charge-sheet.
The Supreme Court emphasized the need for the High Court to expedite the disposal of pending applications under Article 226(3) of the Constitution, reinforcing the principle of timeliness in legal pr....
The main legal point established is that the Supreme Court's jurisdiction under Article 136 of the Constitution of India does not warrant interference with the High Court's order.
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