ITEM NO.45 COURT NO.3 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). 14354/2025 [Arising out of impugned final judgment and order dated 14-08-2025 in CRLWP No. 4287/2025 passed by the High Court of Judicature at Bombay]

HIMANSHU DINESH JAIN Petitioner(s)

VERSUS HEMANT KUMAR MANAKCHANDJI JAIN & ANR. Respondent(s) Date : 09-02-2026 This petition was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE M.M. SUNDRESH HON'BLE MR. JUSTICE NONGMEIKAPAM KOTISWAR SINGH For Petitioner(s) Mr. Kunal Cheema, AOR For Respondent(s) Mr. P.D. Naik, Sr. Adv.

Mr. Viraj Kadam, Adv. Mr. Soumya Dutta, AOR Mr. Abhinav Dubey, Adv.

Mr. Siddhant Upmanyu, Adv.

Mr. Abhijeet Pandey, Adv.

Mr. Aaditya Aniruddha Pande, AOR Mr. Siddharth Dharmadhikari, Adv.

Mr. Shrirang B. Varma, Adv.

Mr. Bharat Bagla, Adv. Mr. Sourav Singh, Adv.

Mr. Aditya Krishna, Adv.

Mr. Adarsh Dubey, Adv.

Ms. Chitransha Singh Sikarwar, Adv.

UPON hearing the counsel the Court made the following

O R D E R

Signature Not Verified We have heard the learned counsel appearing for ASHA SUNDRIYAL Date: 2026.02.10

17:00:37 IST the petitioner, and the learned Senior counsel Reason:

appearing for the respondents.

Upon hearing the parties, we only direct that the observations made by the High Court in the impugned order will not have a bearing on the investigation in the present case, as it is for the Investigating Agency to file a final report regarding whether the charge Section 103 of the Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’), is made out or not.

Inasmuch as the petitioner has already been granted anticipatory bail, the same shall continue on the terms and conditions thereunder and the petitioner shall cooperate with the investigation.

Thus, we make it clear that the charge under Section 103 of the Bharatiya Nyaya Sanhita, 2023 may be added to the case FIR, and the investigation shall proceed.

The anticipatory bail granted to the petitioner shall enure for his benefit, even for the additional charges. Therefore, we make it clear that he shall not be arrested.

The investigation shall be completed by the concerned Investigating Officer as indicated by the High Court, within a period of four months from the date of receipt of a copy of this order.

We further make it clear, that the observations on the merits made by the High Court or by us will have no bearing on the further proceedings arising out of the case FIR.

The Special Leave Petition stands disposed of, accordingly.

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

(ASHA SUNDRIYAL) (POONAM VAID)

DEPUTY REGISTRAR ASSISTANT REGISTRAR