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CNR NO.MHCC020126522021
IN THE COURT OF SPECIAL JUDGE (CBI) FOR GREATER BOMBAY
ORDER BELOW APPLICATION EXH. 53
IN
SPECIAL CASE NO. 1233 OF 2021
IN
RC.BA1/2020/A0004/CBI/ACB/MUMBAI
Gautam Thapar .. Applicant/Accused No. 2
Vs.
CBI, ACB, Mumbai .. Respondent/Complainant
CORAM : H.H.THE SPECIAL JUDGE (CBI)
SHRI M.R.PURWAR
DATED : 05.05.2022 ( C.R.NO. 53)
Appearances :
Ld. Advocate Gunjan Mangla for applicant/accused No. 2.
Ld. SPP Mr. P.K.B. Gaikwad for respondent/CBI.,ACB, Mumbai.
O R D E R
This is an application moved on behalf of
applicant/accused No. 2 Gautam Thapar for issuing directions to the
Registry to send release order with bonds through Post and by email
as well to the Jail Superintendent, Tihar Central Prison, New Delhi.
2. The prayer is objected by the prosecution.
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3. Heard Ld. Advocate Gunjan Mangla for the applicant and
Ld. SPP Shri P.K.B. Gaikwad for the Prosecution. Perused the record.
4. It is argued by Ld. Advocate for the applicant/accused that
accused No. 2 Gautam Thapar filed bail application before the Hon'ble
High Court bearing B.A. No. 51/2022, which was allowed on
25.03.2022. Later on, the Interim application No. 1388/2022 was
allowed on 26.04.2022 by the Hon'ble High Court, Bombay. In
pursuance of the said order, on the application of accused No. 2 this
Court has directed to Cash Department, City Sessions Court, Mumbai to
accept the amount of Cash of Rs. 2,00,000/ (Rs. Two Lakh ) as
provisional cash bail after A.T.H. The said amount was deposited on
behalf of accused No. 2. On 28.04.2022 Ld. Advocate herself has
received hand delivery of release order alongwith bonds for delivering
the same to Tihar Central Prison, New Delhi. She drew attention of this
Court on Exh. 44 and order below Exh. 47. She further argued that she
had filed Pursis Exh. 50 mentioned therein that she has collected cash
bond and release order by hand on 28.04.2022 and the same was
handed over to Advocate Abhimanshu Dyhani on 28.04.2022 for
handing over to Tihar Central Prison, New Delhi. However, she received
instructions from Advocate Abhimanshu Dyhani that the release order
was not served to Tihar Central Prison, New Delhi till 04.05.2022 and
same will be served on 04.05.2022 itself. According to her, on
04.05.2022 this Court has even directed to Registrar (Sessions) to send
the copy of release order to Tihar Central Prison, Jail No. 7, New Delhi
by email immediately and which was also accordingly sent. She further
submits that inspite of various attempts the Tihar Central Prison has
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not accepted release order and bond. The Superintendent has informed
the lawyer of the applicant that same can be accepted either through
the Court Official or the Investigating Officer or through Post. However,
nothing in writing to this effect has been provided to the applicant and
or his lawyer. She prayed for the directions to the Registrar(Sessions)
for sending the release order through email on email ID's as provided
in the application and for sending release order with bonds through
Post.
5. Ld. SPP on the other hand has objected and contended that
the Advocate of Accused No. 2 herself has accepted the release order by
hand on 28.04.2022 itself for handing over the same to Tihar Central
Prison, New Delhi. He prayed for rejected of the application.
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that the Tihar Central Prison has not accepted release order by hand
and asking the same either through the Court Official or the
Investigating Officer or through Post. In the given peculiar situation the
prayer needs to be allowed Thus, I pass the following order :
ORDER
1. Application Exh. 53 is allowed.
2. Registrar Session is hereby directed to send the release order of
accused Gautam Tahpar alongwith Cash bond and PR bond to the
Tihar Central Jail, New Delhi through Emails on the both address
as mentioned by the Ld. Advocate in the application Exh. 53 and
through Speed Post immediately today itself and the compliance
of the same be reported forthwith.
3. Application Exh. 53 is disposed off.
Mumbai: (M.R.PURWAR)
Date: 05.05.2022 Special Judge (CBI)
Court Room No.53,
Gr. Bombay.
Dictated on : 05.05.2022
Transcribed on : 06.05.2022
Signed on : 06.05.2022
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“Certified to be true and correct copy of the original signed order”.
06.05.2022 (Pushpa Rajan Vengurlekar)
at about 1.00 P.M. Stenographer (H.G.)
Court Room No.53
Name of the Hon'ble Judge : Shri. M.R.Purwar
(Court Room No.53)
Date of pronouncement of Judgment/Order : 05.05.2022.
Judgment/Order signed by Hon'ble Judge on : 06.05.2022.
Judgment/Order uploaded on : 06.05.2022.
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