Full Judgment Text
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PETITIONER:
STATE OF ASSAM & ANR.
Vs.
RESPONDENT:
R.K. KRISHNA KUMAR & ORS. ETC., DR. BROJEN GOGOI & OTHERS
DATE OF JUDGMENT: 24/10/1997
BENCH:
M.K. MUKHERJEE, K.T. THOMAS
ACT:
HEADNOTE:
JUDGMENT:
THE 24TH DAY OF OCTOBER, 1997
Present:
Hon’ble Mr. Justice M.K. Mukherjee
Hon’ble Mr. Justice K.T. Thomas
K.T.S. Tulsi, and Santosh N. Hegde, Sr. Adv., Sunil K. Jain,
Vijay Hansaria, J.K. Bhatia, Vikas Pahwa, Adv. for M/s. Jain
Hansari, & Co., Advs. with them for the appellants.
Gopal Subramanian, Sr. Adv., Ashok Bhan, Ms. Bina Gupta, Ms.
Rakhi Ray, Mahesh Jethmalani, R.N. Karanjawala, U. Hazarika,
Ms. Nandini Gore, (Bhaskar Pradhan) Adv. for Ms. M.
Karanjawala, Adv. with him for the Respondents.
J U D G M E N T
The following Judgment of the Court was delivered:
Thomas, J.
Leave granted,
This appeal is in challenge of the order of a learned
single Judge of the Bombay High Court granting anticipatory
ball to the respondent No. 1. When this petition was taken
up for hearing, his learned Counsel brought to our notice
that in spite of the above order the Assam police arrested
respondent No. 1 and took him into custody. Thereby, he
submitted, the appellants have violated the direction of the
Bombay High Court in the impugned order.
Shri K.T.S. Tulsi, the learned counsel appearing for
the appellants, while conceding that respondent No.1 was
arrested, joined issue with him on the contention that
appellant violated the direction of the Bombay High Court.
He put forward the stand of the State of Assam for not
releasing him on bail.
We do not think it necessary to deal with the said
controversy in this appeal. If the respondent No. 1 wants to
raise that question it is open to him to move the
appropriate forum.
As the respondent No. 1 is now under arrest this appeal
has become infructuous. It is accordingly dismissed.