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SUPREME COURT OF INDIA
D.Y. Chandrachud, Surya Kant, A.S. Bopanna, JJ
Mohammed Zubair – Appellant
Versus
State of NCT of Delhi – Respondent
Writ Petition(s)(Criminal) No(s).279/2022



Advocates:
For the Appellants/Petitioners: Vrinda Grover, Soutik Banerjee, Devika Tulsiani, Mannat Tipnis, Aakarsh Kamra
For the Respondents: Garima Prasad, Adarsh Upadhyay, Harsh Mishra, Aman Pathak

The Court exercised its jurisdiction to protect the petitioner by granting interim bail and transferring multiple criminal investigations across different districts to a single specialized agency (Delhi Police Special Cell) to ensure a fair and streamlined legal process.

Headnote:(A) Criminal Jurisdiction - Transfer of Investigation - Transfer of multiple FIRs from State Police to a specialized agency (Special Cell of Delhi Police) to ensure fair process and avoid harassment.

(B) Bail - Interim Bail - Grant of interim bail subject to personal release bonds in multiple FIRs involving IT Act and IPC offenses.

(C) Procedure - Change of Venue - Transfer of criminal proceedings from one district court to another (Patala House Courts) for consistency in trial administration.

Issues: Whether the petitioner is entitled to interim bail and transfer of investigations to the Delhi Police Special Cell.

Legal Category Hierarchy

  • crime and sentencing
    • offences against the state
      • offences promoting enmity between groups
        • section 153a ipc
        • section 153b ipc
    • offences against religion
      • section 295a ipc
      • section 298 ipc
    • offences against public tranquility
      • section 147 ipc
      • section 149 ipc
      • section 153 ipc
    • offences against public justice
      • section 505 ipc
    • offences against property
      • criminal intimidation
    • information technology offences
      • section 67 it act
    • criminal conspiracy
      • section 120b ipc
    • criminal trespass
      • section 353 ipc
    • criminal breach of discipline
      • section 188 ipc
    • cla act offences
      • section 7 cla act
  • practice and procedure
    • bail
      • interim bail
    • investigation
      • transfer of investigation
    • transfer of proceedings
      • transfer of case after charge sheet
    • criminal procedure code
      • section 173 crpc
      • section 482 crpc
    • constitutional remedies
      • article 226 of constitution

Revised

UPON hearing the counsel the Court made the following

O R D E R

In terms of the signed reportable judgment, we allow the petition in part in terms of the following directions:

(i) The petitioner shall stand enlarged on interim bail, subject to his filing a personal release bond in the amount of Rs 20,000 in connection with the following FIRs:

a) FIR No. 502/2021, dated 15.06.2021, PS Loni Border, district Ghaziabad u/s 153, 153-A, 295-A, 505, 120-B and 34 IPC.

b) FIR No. 193/2021 dated 27.08.2021 registered at PS Chandauli for offences punishable under Section 67 of IT Act.

c) FIR No. 511/2021, dated 18.09.2021, PS Mohamadi district Lakhimpur, u/s 153-A, 153B/505(1)(8 and 505(2) IPC.

d) FIR No. 226/2022 dated 01.06.2022, PS Khairabad, district Sitapur, u/Sec 295-A(2) IPC and Section 67 of IT Act.

e) FIR No. 286/2022 dated 10.06.2022, PS Sikandrarao, Hathras, u/s 147, 149, 153A, 353, 188, 120-B of IPC and u/s 7 of the CLA Act ; and

f) FIR No. 237/2022, dated 04.07.2022, PS Hathras Kotwali on a complaint dated 14.06.2022 u/Sec 153-A, 295-A, 298 IPC and section 67 of the IT Act;

(ii) As regards Crime No 199 of 2021 dated 24 July 2021 registered at PS Charthawal, Muzaffarnagar, the charge-sheet under Section 173 of CrPC has been filed. The proceedings in respect of the said Case Crime shall stand transferred to the Chief Judicial Magistrate, Patala House Courts and shall be taken up from the stage that has been reached before the earlier Court. The petitioner has been enlarged on bail. The order enlarging the petitioner on bail shall continue to remain in force;

(iii) The investigation into the FIRs set out in paragraph (i) above shall stand transferred from the Uttar Pradesh Police to the Special Cell of the Delhi Police. As a consequence, the SIT which was constituted by the Director General of Police, Uttar Pradesh on 10 July 2022, shall stand disbanded;

(iv) The directions contained in (i) and (iii) above shall stand extended to any other FIR which may be registered against the petitioner hereinafter in respect of the same subject matter as the above FIRs in which event (a) the investigation of the FIR shall stand transferred to the Special Cell of the Delhi Police; (b) the petitioner shall be entitled to the order of interim bail, as set out above.

(v) The petitioner would be at liberty to pursue his rights and remedies in proceedings under Article 226 of the Constitution / Section 482 of CrPC before the High Court of Delhi in respect of the FIRs which have been or which may be registered against him, and in that event, nothing contained in this judgment shall amount to an expression of opinion on the merits of such proceedings; and

(vi) The bail bonds in compliance with the above direction shall be presented before the Chief Judicial Magistrate at the Patala House Courts, Delhi. Immediately upon the presentation of the bail bonds, the Superintendent at the Tihar Jail shall take necessary steps to ensure that the petitioner is released from judicial custody no later than by 6 pm today.

2 Pending application, if any, stands disposed of.

(SANJAY KUMAR-I)

DEPUTY REGISTRAR

(SAROJ KUMARI GAUR)

COURT MASTER

(Signed reportable judgment is placed on the file)

ITEM NO.33 COURT NO.4 SECTION X

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

RECORD OF PROCEEDINGS

Writ Petition(s)(Criminal) No(s).279/2022

MOHAMMED ZUBAIR Petitioner(s)

VERSUS

STATE OF NCT OF DELHI & ORS. Respondent(s)

(FOR ADMISSION and I.R. and IA No.98584/2022-INTERIM BAIL and IA No.98585/2022-EXEMPTION FROM FILING O.I. and IA No.98261/2022-PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES and IA No.98265/2022-APPLICATION FOR PERMISSION)

Date : 20-07-2022 This petition was called on for hearing today.

CORAM :

HON'BLE DR. JUSTICE D.Y. CHANDRACHUD

HON'BLE MR. JUSTICE SURYA KANT

HON'BLE MR. JUSTICE A.S. BOPANNA

For Petitioner(s) Ms. Vrinda Grover, Adv.

Mr. Soutik Banerjee, Adv.

Ms. Devika Tulsiani, Adv.

Mr. Mannat Tipnis, Adv.

Mr. Aakarsh Kamra, AOR

For Res

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