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2015 Supreme(Online)(SC) 819

DR.VINOD BHANDARI – Appellant
Versus
STATE OF M. P. – Respondent
Crl.A. No.-000220-000220 / 2015 20-02-2015



Advocates:
PRIYA PURI

1

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRL.M.P. NO.3001 OF 2015

IN

CRIMINAL APPEAL NO.(S).220 OF 2015

DR.VINOD BHANDARI Appellant(s)

VERSUS

STATE OF MADHYA PRADESH Respondent(s)

O R D E R

This Application (Crl.M.P.No.3001 of 2015) seeks partial

modification of the following paragraph appearing in our order

dated 4th February, 2015:

“18.... We also direct that if the trial is not

completed within one year from today for reasons

not attributable to the appellant, the appellant

will be entitled to apply for bail afresh to the

High Court which may be considered in the light of

the situation which may be then prevailing.”

Mr. Sidharth Luthra, learned senior counsel for the

appellant, submits that the option available to the appellant to

apply to the trial court for bail, needs to be restored.

Additionally, he submits that the appellant may be permitted to

make an application for bail, not only if the trial is not

completed within one year but also in case there is any material

change in circumstances such as the appellant being charged with

lesser offences than what are presently alleged.

Mr. Mishra Saurabh, learned counsel appearing for the

respondent-State, opposes the application and submits that there

Digitally signed by

Mahabir Singh

Date: 2015.02.24

17:47:13 IST

Reason:

Signature Not Verified

2

is no need for any modification of order dated 4th February,

2015. We, however, see no difficulty in allowing the appellant

to make an application for bail even before the trial court.

That option, we make it clear, will remain open to the

appellant. We also permit the appellant to make an application

for grant of bail, if he is eventually charged with offences

lesser than what are currently alleged against him.

The order passed by us on 4th February, 2015 shall, to the

above limited extent, stand modified. Crl.M.P.No.3001 of 2015

is to that extent allowed and disposed of.

.......................J

(T.S. THAKUR)

.......................J

(ADARSH KUMAR GOEL)

NEW DELHI

DATED 20th February, 2015.

3

ITEM NO.47 COURT NO.2 SECTION IIA

S U P R E M E C O U R T O F I N D I A

RECORD OF PROCEEDINGS

Crl.M.P. NO.3001 of 2015 in Criminal Appeal No(s). 220 of 2015

DR.VINOD BHANDARI Appellant(s)

VERSUS

STATE OF M. P. Respondent(s)

(with appln. (s) for clarification of judgment/order dated

4.2.2015 and office report)

Date : 20/02/2015 This matter was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE T.S. THAKUR

HON'BLE MR. JUSTICE ADARSH KUMAR GOEL

For Appellant(s)

Mr. Sidharth Luthra,Sr.Adv.

Mr. Kunal Verma,Adv.

Mrs. Priya Puri,Adv.

Mr. Ranjay Kr. Dubey,Adv.

Mr. Biswajit Kr. Roy,Adv.

For Respondent(s)

Mr. Mishra Saurabh,Adv.

UPON hearing the counsel the Court made the following

O R D E R

In terms of the signed order, Crl.M.P.No.3001 of 2015 is

allowed and disposed of:

“...We, however, see no difficulty in allowing the

appellant to make an application for bail even before the trial

court. That option, we make it clear, will remain open to the

appellant. We also permit the appellant to make an application

for grant of bail, if he is eventually charged with offences

lesser than what are currently alleged against him.

The order passed by us on 4th February, 2015 shall, to the

above limited extent, stand modified. Crl.M.P.No.3001 of 2015

is to that extent allowed and disposed of.”

(MAHABIR SINGH)

(VEENA KHERA)

COURT MASTER COURT MASTER

(Signed order is placed on the file)

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