The Supreme Court has observed that a Bench cannot rehear a case that it has released unless the Chief Justice, who is in charge of the roster, returns the case to the Bench. Judges Abhay S. Oka and Ujjal Bhuyan of the Supreme Court Bench allowed the accused to file the plea before the roster bench, overturning the portion of the Bombay High Court’s Bench judgment that had granted bail to the accused despite the matter not being assigned to the Bench.
The main point of contention in this case is that an accused person filed a criminal writ petition with the High Court to have the complaint quashed. On April 21, 2023, the roster bench that was tasked with considering the application heard the matter and reserved a decision. The High Court’s Registrar General has observed that the roster of the Bench that considered criminal writ petitions for quashing was only available until June 4, 2023, after which it was transferred to a different Bench for use from June 5, 2023, until August 20, 2023.
The court further made it clear that the judgment granting bail to the respondent accused is not subject to review on the merits; rather, the accused is allowed to petition the roster bench for interim relief or bail, and the bench will decide the accused’s motion.
For Petitioner(s) Mr. Suryaprakash V Raju, A.S.G. Mr. Mukesh Kumar Maroria, AOR Mr. Zoheb Hussain, Adv. Mr. Annam Venkatesh, Adv. Mr. Chandra Prakash, Adv. Ms. Vaishali Verma appeared for the case.
Adv. For Respondent(s) Mr. Siddharth Dave, Sr. Adv. Mr. Shantanu Phanse, Adv. Mr. Prastut Dalvi, Adv. Ms. Vidhi Thaker, Adv. Ms. Sudhanva B., Adv. Mr. Pravartak Suhas Pathak, AOR Mr. Anand Dilip Landge, Adv. Mr. Siddharth Dharmadhikari, Adv. Mr. Aaditya Aniruddha Pande, AOR Mr. Bharat Bagla, Adv. Mr. Sourav Singh, Adv. Mr. Aditya Krishna, Adv. Ms. Raavi Sharma, Adv.
Appeared for the case.
CASE NAME : DIRECTORATE OF ENFORCEMENT & ANR. v. BABLU SONKAR & ANR.
NAME : RIYA KRISHNA, BBA LLB Hons, MAHARASHTRA NATIONAL LAW UNIVERSITY, AURANGABAD, INTERN UNDER LEGAL VIDHIYA.
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