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TMI Blog2023 (3) TMI 1422X X X X Extracts X X X X X X X X Extracts X X X X ..... harma, AOR, Mr. Maninder Singh, Sr. Adv., Mr. Siddharth Aggarwal, Sr. Adv., Mr. Malak Manish Bhatt, AOR, Mr. Arshdeep Singh Khurana, Adv., Ms. Neeha Nagpal, Adv., Mr. Vishvendra Tomar, Adv., Ms. Sowjhanya Shankaran, Adv., Ms. Arshiya Ghose, Adv., Mr. Vikram Chaudhri, Sr. Adv., Mr. Nikhil Jain, AOR, Mr. Rishi Sehgal, Adv., Mr. Keshavam Chaudhri, Adv., Ms. Hargun Sandhu, Adv., Ms. Arveen Sekhon, Adv., Ms. Prabhneer Swani, Adv., Ms. Divya Jain, Adv., Mr. Sagar Juneja, Adv., Mr. Vikram Choudhary, Sr. Adv., Mr. Mahesh Agarwal, Adv., Mr. Arshit Anand, Adv., Mr. Pranjal Krishna, Adv., Mr. E. C. Agrawala, AOR. H.C. Karnataka : Mr. V.N. Raghupathy, AOR H.C. Jharkhand : Mr. Tapesh Kumar Singh, AOR HC Gauhati : Mr. P.I. Jose, AOR, Mr. Jenis Francis, Adv. HC Madhya Pradesh : Mr. Arjun Garg, AOR HC Delhi : Mr. Amit Gupta, AOR HC Meghalaya : Mr. Sanjai Kumar Pathak,AOR (NP) HC Orissa : Mr. Sibo Sankar Mishra, AOR State of Arunachal Pradesh : Mr. Abhimanyu Tewari, AOR HC Telengana : Mr.Somanadri Gaud Katam, AOR State of Maharashtra : Mr. Bharat Bagla, Adv., Mr. Siddhrth Dharmadhikari, Adv., Mr. Aaditya A. Pande, AOR, Mr. Sourav Singh, Adv. State of Uttarakhand : Mr. Ankur Prakash, AOR, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Allahabad : Mr. Yashvardhan, Adv., Ms. Smita Kant, Adv., Mr. Apoorv Shukla, AOR, Mr. Puneet Chahar, Adv., Ms. Prabhleen A Shukla, Adv., Ms. Shivani Srivastava, Adv. HC Calcutta : Mr. Kunal Chatterji, AOR, Ms. Maitrayee Banerjee, Adv., Mr. Rohit Bansal, Adv., Ms. Kshitij Singh, Adv. State of Haryana : Mr. Lokesh Sinhal, AAG, Mr. Nikunj Gupta, Adv. Applicant : Ms. Manali Singhal, Adv., Ms. Sarthak Sachdev, Adv., Ms. Watan Sharma, Adv., Mr. Aditya Jain, AOR Applicant : Mr. Arshdeep Singh Khurana, Adv., Mr. Ayush Agarwal, Adv., Mr. Malak Manish Bhatt, AOR, Ms. Neeha Nagpal, Adv., Mr. Vishvendra Tomar, Adv., Ms. Rooh-e-hina Dua, AOR ORDER COMPLIANCE BY THE HIGH COURTS (i) Mr. Siddharth Luthra, learned Amicus Curiae has taken us through the compliance reports filed by the High Courts. There are four High Courts listed for non compliances i.e., Delhi, Meghalaya, Telangana and Uttarakhand. It appears that for Meghalaya and Uttrakhand, compliance reports were filed before the Court but copy not given. None appears for the two High Courts. We see no reason why the orders of this Court cannot be complied with by serving a copy so that proper assistance is made available to us and eve ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ings recorded on 26.08.2021 before the Magistrate to submit that the highhandedness of the respondent is apparent from the fact that the public prosecutor, despite these orders from this Court, sought to plead that the appellant had not been allowed any bail, non bailable warrants had been issued against him, the direction of this Court for the appellant not to be arrested did not mean that he could not be sent to judicial custody and since this Court observed that he could attend virtually till physical hearing started, which had by then resumed, he should be sent to judicial custody. We may only note all these submissions are completely inappropriate and indefensible. Neither did the learned Additional Solicitor General seek to contend except stating that those are only submissions. We expect a public prosecutor to be conscious of the legal position and fair while making submissions before the Court. We say no more as at least the Chief Judicial Magistrate understood the order clearly and thus did not agree with the submission of the public prosecutor." Mr. S.V. Raju, learned ASG very fairly states that the Public Prosecutors are bound to bring the correct legal position before ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e present to note that it is not the CBI which is seeking their custody, but the appellants apprehend that they may be remanded to custody by the Trial Court and this is why they seek protection. We must keep this in mind while deciding the fate of these appeals. 12. In view of the aforesaid, we are of the considered view that the appellants are entitled to be released on bail, in the event of the Court choosing to remand them to custody, when they appear in response to the summoning order. Therefore, the appeals are allowed and the appellants are directed to be released on bail, in the event of their arrest, subject to such terms and conditions as may be imposed by the Special Court, including the condition for the surrender of the passport, if any." Learned counsel submits that though there is observation qua the correctness of the practice to be tested in an appropriate case, this case itself is the appropriate case as directions have already been passed and somehow they have been understood as if they will apply to cases for regular bail and not to anticipatory bail. We would like to clarify that what we have enunciated qua bail would equally apply to anticipatory bail cases ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mits that actually these cases relate to C.B.I. Mr. Arvind Kumar Sharma, learned counsel for Mr. S.V. Raju, Ld. ASG accepts notice on behalf of C.B.I. and copies be supplied to him. The response, if any, be filed within two weeks. List along with the main matter. We find that the applicant Bharat Kalra had appeared before the trial Court in compliance of the order dated 13.03.2023. Interim order dated 13.03.2023 to continue till the next date. IA No. 52666/2023 - APPROPRIATE ORDERS/DIRECTIONS IA No. 52662/2023 - INTERVENTION APPLICATION IA No. 52655/2023 - INTERVENTION APPLICATION IA NO. 52669/2023-DIRECTION These applications are stated to be by two coaccused in the same crime as aforesaid and thus learned counsel seeks the same order. Notice, which is accepted by learned counsel for the CBI and copies be supplied to him. List along with the main matter. In the meantime, the applicants will appear before the trial Court but shall not be arrested. IA NO. 54736/2023-DIRECTION IA NO. 54707/2023-INTERVENTION There are four accused. Situation is same as aforesaid. Notice, which is accepted by learned counsel for the CBI and copies be supplied to him.. List along with ..... 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