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2025 Supreme(Online)(SC) 111331

SUPREME COURT OF INDIA
HON'BLE MR. JUSTICE SANJAY KAROL, HON'BLE MR. JUSTICE NONGMEIKAPAM KOTISWAR SINGH
ARIF MERCHANT – Appellant
Versus
STATE OF MAHARASHTRA – Respondent
209372025



ITEM NO.20 COURT NO.12 SECTION II-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No(s).6318/2025 [Arising out of impugned final judgment and order dated 02-04-2025 in CRLA No.46/2024 passed by the High Court of Judicature at Bombay]

ARIF MERCHANT & ANR. PETITIONER(S)

VERSUS STATE OF MAHARASHTRA & ANR. RESPONDENT(S)

FOR ADMISSION and I.R.

IA No. 106089/2025 - EXEMPTION FROM FILING O.T.

IA No. 106088/2025 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES Date : 06-11-2025 This matter was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE SANJAY KAROL HON'BLE MR. JUSTICE NONGMEIKAPAM KOTISWAR SINGH For Petitioner(s) :

Mr. Siddhartha Dave, Sr. Adv. Mr. Sumer Singh Boparai, Adv.

Mr. Adithya Iyer, Adv.

Mr. Surya Pratap Singh, Adv.

Mr. Sirhaan Seth, Adv.

Mr. Abhilash Pathak, Adv.

Mr. Amarjeet Singh, AOR For Respondent(s) :

Mr. Bharat Bagla, Adv.

Mr. Siddharth Dharmadhikari, Adv.

Mr. Aaditya Aniruddha Pande, AOR Mr. Shrirang B. Varma, Adv.

Mr. Rajiv Raheja, AOR Mr. Sanjiv Raheja, Adv.

Upon hearing the counsel the Court made the following

O R D E R

Signature Not Verified Digitally signed by 1. Petitioners challenge the judgment and order dated NAVEEN D Date: 2025.11.08 Reason:

02.04.2025 in Criminal Application No.46/2024 passed by the High Court of Judicature at Bombay, titled “Mohan Agarwal vs. State of Maharashtra & Ors.”.

2. We have heard learned counsel for the parties. It is not in dispute that the proceedings inter se the private parties are now pending consideration before the appropriate Court. It is also not in dispute before us that the investigation is complete and the matter is now fixed for framing of charges.

3. We notice that the petitioners were granted interim protection in terms of the impugned order, i.e., pre-arrest bail, in relation to FIR No.174 of 2023 registered at Phydhonie Police Station, Mumbai City, Maharashtra. Such order continues to remain in operation till date.

4. There is no allegation of the petitioners not having joined the investigation or having misused the liberty granted after passing of the impugned order.

5. In view of the attending facts and circumstances, we dispose of the present Special Leave Petition in the following terms:

a) The interim directions in terms of the impugned order dated 02.04.2025 shall continue to remain in operation;

b) The trial expedited;

c) The parties, more particularly the petitioners, shall fully cooperate during the trial and not seek unnecessary adjournments; and d) Liberty is granted to the prosecution to move an appropriate application for modification of the impugned order, should the petitioners fail to cooperate or if any circumstance arises from the record warranting such modification.

6. Pending application(s), if any, shall stand disposed of.

(D. NAVEEN) (ANU BHALLA)

COURT MASTER (SH) COURT MASTER (NSH)

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