ITEM NO.2

COURT NO.10

SECTION X

S U P R E M E C O U R T O F RECORD OF PROCEEDINGS

I N D I A

CONMT.PET.(C) No. 476/2016 in W.P.(Crl.) No. 146/2013 BHARAT

Petitioner(s) VERSUS

KAMAL SAXENA AND ANR. Respondent(s) WITH CONMT.PET.(C) No. 477/2016 In W.P.(Crl.) No. 11/2013 (With appln.(s) for bail and appln.(s) for bail and Office Report) Date : 14/09/2016 These petitions were called on for hearing today. CORAM :

.IN

HON'BLE MR. JUSTICE KURIAN JOSEPH HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN Mr. Ms. Ms. Mr. Ms.

Jetendra Singh, Adv. Kalpana Sabharwal, Adv. Priyanka Singh, Adv. V.K.Kaushik, Adv. Manju Jetley,Adv.

For Respondent(s)

Ms. Pragati Neekhra,Adv. Mr. Utkarsh Sharma, Adv.

W

.L

IV

EL

AW

For Petitioner(s)

W

W

UPON hearing the counsel the Court made the following O R D E R CONMT.PET.(C) No. 476/2016 Petitioner

is

released

on

bail

subject

to

the

condition that the petitioner will not enter the District of Mahoba. Crl. M.P. 14679/2016 stands disposed of. The contempt petition is dismissed in terms of signed order. CONMT.PET.(C) No. 477/2016 Rejoinder affidavit be filed within six weeks. List after six weeks. Signature Not Verified Digitally signed by RAJNI MUKHI Date: 2016.09.14 16:14:15 IST Reason:

(Rajni Mukhi) SR. P.A.

(Renu Diwan) ASSISTANT REGISTRAR

(Signed order in Cont. Petn.(c) No.476/2016 is placed on the file)

IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION CRL. M.P. NO. 14679 OF 2016 IN CONTEMPT PETITION (CIVIL) NO. 476 OF 2016 IN WRIT PETITION (CRL.) NO. 146 OF 2013

BHARAT

PETITIONER

.IN

VERSUS RESPONDENTS

AW

KAMAL SAXENA AND ANR.

EL

O R D E R

Heard the learned counsel appearing on both sides.

2

Having regard to the undisputed factual position that the

.L

IV

1

W

petitioner has spent 26 years of actual jail period and about

W

33 years, if the remission is also included, we are of the

W

view the the petitioner needs to be released on bail. 3

However,

having

regard

to

the

report

of

the

District

Magistrate, Mahoba that- the genesis of the disputes between the parties is still there and there is likelihood of further problems if the petitioner is released on bail, we release the petitioner-Bharat on bail subject to the condition that the petitioner will not enter the District of Mahoba.

- 2 -

4.

Rest of the usual bail conditions, the petitioner may

execute before the Trial Court. 5.

Crl. M.P. 14679/2016 stands disposed of.

6.

The contempt petition is dismissed.

...................J. [KURIAN JOSEPH]

.IN

....................J. [ROHINTON FALI NARIMAN]

W

W

W

.L

IV

EL

AW

NEW DELHI; SEPTEMBER 14, 2016