(A.K. Sikri and S. Abdul Nazeer, JJ.)
Kripesh Mansukh Sanghavi etc. _____________________ Petitioner(s);
v.
State of Maharashtra ______________________________ Respondent.
Petition(s) for Special Leave to Appeal (Crl.) No(s). 10904-10905/2018, decided on December 14, 2018
(For Admission and I.R. and IA No. 175326/2018-Exemption From Filing C/C of the Impugned Judgment and IA No. 175328/2018-Exemption From Filing O.T. and IA No. 175325/2018-Permission To File SLP)
With
S.L.P. (Crl.) D. No. 46256/2018 – (II-A)
(For Admission and I.R. and IA No. 180360/2018-Exemption From Filing C/C of the Impugned Judgment and IA No. 180357/2018-Permission To File SLP Without Certified/Plain Copy of Impugned Order)
Petition(s) for Special Leave to Appeal (Crl.) No(s). 10904-10905/2018; BA No. 999/2018; BA No. 1000/2018; IA No. 175326/2018; IA No. 175328/2018; IA No. 175325/2018; S.L.P. (Crl.) D. No. 46256/2018 – (II-A); IA No. 180360/2018; and IA No. 180357/2018
The Order of the court was delivered by
Order
S.L.P.(CRL.) NO(s). 10904-10905/2018:
1. The bail applications of the petitioners herein were dismissed by the High Court vide common Order dated 01.11.2018.
2. Though one and a half months have passed, the copy of the Order is not available. Learned counsel for both the parties accept this position. It is a matter of great concern that the Court passes the order in the Open Court rejecting the bail application(s) but then the order does not see the light of the day. In such matters, particularly when bail applications are rejected, which are the matters pertaining to the liberty of a person, we are of the opinion that copy of the order(s) should be made available immediately so that the aggrieved party is able to seek his/her redress. We, therefore, denounce this practice of the High Court, which we have seen repeatedly, in strongest words.
3. Because of the aforesaid reasons and on going through the matter we find that many other similarly situated persons are released on bail, the petitioners herein shall also be released on bail during the pendency of the trial on the terms and conditions that can be imposed by the trial court.
4. The Special Leave Petitions are, accordingly, disposed of.
5. Pending applications, if any, also stand disposed of.
S.L.P. (CRL.) D. NO. 46256/2018:
6. Having regard to the facts and circumstances of the case, particularly the fact that many other similarly situated persons are released on bail, the petitioner herein shall also be released on bail during the pendency of the trial on the terms and conditions that can be imposed by the trial court.
7. The Special Leave Petition is, accordingly, disposed of.
8. Pending applications, if any, also stand disposed of.
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