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2007 DIGILAW 1247 (SC)

Sanjay Dutt v. State of Maharashtra TR. CBI Bombay

2007-08-20

C.K.THAKKER, K.G.BALAKRISHNAN, R.V.RAVEENDRAN

body2007
JUDGMENT : The common grievance of the appellants/petitioner is that even though the Designated Court pronounced the operative part of the judgment convicting them of various offences in the Bombay Blast Case in November, 2006, and sentenced them to imprisonment in June/July, 2007, they have not' been furnished with the copies of the judgment and till date not aware of the reasons for their conviction. 2. All of them had been enlarged on bail, pending trial, on different dates, and have surrendered on the dates of sentencing. In the circumstances, interests of justice require that they should be released on interim bail pending furnishing of copies of the judgment to them, subject to their surrendering back, on the copy of judgment being furnished by them. Crl.A. No. 1060/07 etc.etc. Crl.A. No. 1060/2007: 3. The appellant herein was convicted for the offence under various sections of the Arms Act and was sentenced to undergo imprisonment for a period of six years. The impugned judgment was pronounced on 28.11.2006 and he was sentenced on 31.07.2007. It is alleged that the appellant has already undergone imprisonment as an undertrial for a period of 17 months. The appellant was released on bail during the pendency of trial on 16.10.1995. As the copy of the judgment has not been furnished, the appellant is directed to be released on interim bail on the same conditions that have been laid down by this Court by order dated 16.10.1995 in Crl.A.No. 1196/1995, except the condition that the appellant would not hamper the ongoing investigation, tamper the evidence, threaten or influence the witnesses. The appellant shall report before the CBI-STF station, Bombay once in a week on Friday between 10.00 a.m. to 1.00 p.m. Crl.A.No.912/2007: 4. The appellant has been found guilty for the offence punishable under Section 5 of the TADA Act and also under various provisions under the Arms Act and he was sentenced to undergo imprisonment for a period of 5 years with a fine. We are told that the appellant was granted bail on 2.12.1998. The appellant has already undergone sentence for a period of 3½ years. As the copy of the judgment has not been furnished to the appellant, the appellant is directed to be released on interim bail subject to the appellant executing bail bond for a sum of Rupees ten lakhs to the satisfaction of the Designated Court. The appellant has already undergone sentence for a period of 3½ years. As the copy of the judgment has not been furnished to the appellant, the appellant is directed to be released on interim bail subject to the appellant executing bail bond for a sum of Rupees ten lakhs to the satisfaction of the Designated Court. If the appellant has already furnished the bonds, the same shall stand revived. He shall report before the CBI-STF station, Bombay once in on week Friday between 10.00 a.m. to 1.00 p.m. Crl. A. No. 1060/07 etc.etc. 5. He shall surrender his passport, if not already done. Crl.A. No. 1001/2007: 6. The appellant herein was sentenced to undergo 5 years rigorous imprisonment with fine. The appellant was released on bail on 17th August, 1993. As the copy of the judgment has not been furnished, the appellant shall be released on interim bail on execution of bail bonds for a sum of Rs. One lakh to the satisfaction of the Designated Court. If the appellant has already furnished the bonds, the same shall stand revived. He shall report once in a week between 10.00 a.m. and 1.00 p.m. before the CBI-STF station, Bombay on Friday. The appellant shall surrender her passport, if not already done. SLP (Crl.) No. 4665/07: 7. Delay condoned. 8. The appellant herein was sentenced to undergo rigorous imprisonment for a period of 10 years with a fine under various sectionS of the TADA Act and Arms Act and Explosive Substances Act. The appellant was released on bail on 18.07.1998. As copy of the judgment has not been furnished, the appellant is directed to be released on interim bail on execution of bail bonds for a sum of Rs. 4,00,000/- to the satisfaction of the Designated Court. If the appellant has already furnished the bonds, the same shall stand revived. 9. The appellant shall report once in a week between 10.00 a.m. and 1.00 p.m. before the CBI-STF station, Bombay on every Friday. The appellant shall surrender his passport, if not already done. Crl.A.No.D23591/2007: 10. Application for permission to file Crl. appeal is allowed. 11. Appeal admitted. Issue notice. Crl.A.No.1060/07 etc.etc. 12. The appellant herein was convicted for the offences punishable under the Arms Act and Sec.201 IPC and was sentenced to undergo 5 years rigorous imprisonment with a fine. The appellant was released on bail on 18.07.1998. Crl.A.No.D23591/2007: 10. Application for permission to file Crl. appeal is allowed. 11. Appeal admitted. Issue notice. Crl.A.No.1060/07 etc.etc. 12. The appellant herein was convicted for the offences punishable under the Arms Act and Sec.201 IPC and was sentenced to undergo 5 years rigorous imprisonment with a fine. The appellant was released on bail on 18.07.1998. As the copy of the judgment has not been furnished, the appellant is directed to be released on interim bail on execution of bail bonds for a sum of Rs. four lakhs to the satisfaction of the Designated Court. If the appellant has already furnished the bonds, the same shall stand revived. 13. The appellant shall report once in a week between 10.00 a.m. and 1.00 p.m. before the CBI-STF station, Bombay on every Friday. The appellant shall surrender his passport, if not already done. Crl. A. No. D22839/2007: 14. Application for permission to file Crl. appeal is allowed. Delay condoned. 15. Appeal admitted. Issue notice. 16. The appellant herein was sentenced to undergo 9 years rigorous imprisonment with a fine. As the copy of the judgment has not been furnished, the appellant is directed to be released on interim bail on execution of bail bonds for a sum of Rs. One lakh to the satisfaction of the Designated Court. If the appellant has already furnished the bonds, the same shall stand revived. The appellant shall report once a week between 10.00 a.m. and 1.00 p.m. before the CBI-STF station, on every Friday. The appellant shall surrender his passport, if not already done. Common direction: 17. As soon as the copy of the impugned judgment of the Designated Court is ready, the same shall be furnished to the appellant(s)/petitioner Crl.A.No. 1060/07 etc.etc. by the Designated Court and the Designated Court shall pass appropriate orders regarding their future detention. 18. We make it clear that the bail applications filed by the appellants/petitioner are not considered on merits at this stage and all questions raised in these appeals/petitions are left open to be decided at the appropriate stage. Order accordingly.