You are on page 1of 36

1

IN THE SUPREME COURT OF INDIA


[S.C.R., ORDER XXII RULE 2(1)]

CRIMINAL APPELLATE JURISDICTION

SPECIAL LEAVE PETITION (CRIMINAL) NO.__OF 2023


[WITH PRAYER FOR INTERIM RELIEF)

(Arising from the final Judgment and order dated 21.06.2023


passed by the Hon’ble High Court of Judicature at Bombay in
Anticipatory Bail Application No. 1663 of 2023)

IN THE MATTER OF:

Dinesh s/o Navnath Karande …. PETITIONER

VERSUS

The State of Maharashtra …. RESPONDENT

WITH

CRL.M.P.No.____of 2023
APPLICATION FOR EXEMPTION FROM FILING CERIFIED
COPY OF IMPUGNED JUDGMENT

AND
CRL.M.P.No.____of 2023
APPLICATION FOR THE EXEMPTION FROM FILING
OFFICIAL TRANSLATION

PAPERBOOK
(KINDLY SEE INDEX INSIDE)

ADVOCATE FOR APPLICANT: AMOL. B. KARANDE


RECORD OF PROCEEDING
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.

2
3

INDEX

PAGE NO. OF PART


SL
PARTICULARS OF DOCUMENTS TO WHICH IT
NO.
BELONGS
Part II
Part I
(contents
(Contents of
of file
Paper Book)
alone)
(i) (ii) (iii) (iv)

Court fees

1. O/R on Limitation A A

2. Listing Proforma A1-A2

3. Cover Page Paper Book A3

4. Index of Record of Proceedings A4


Limitation Report prepared by the
5. A5
Registry
6. Defect List A6
NS1
7. Note of Sheet
To
8. List of Dates B-
Impugned judgment
A certified copy of the impugned final
Judgment and order dated 21.06.2023
9.
passed by the Hon’ble High Court of
Judicature at Bombay in Anticipatory
Bail Application No. 1663 of 2023.
10. Special Leave Petition with Affidavit
Appendix:
11. Section 438 of Code of Criminal
Procedure
ANNEXURE P-1
True copy of Sport certificate issued
12.
by the Pune District Shooting Ball
Association in the year 2011.
ANNEXURE P-2
True copy of Sports certificate issued
13.
by the Maharashtra Squash Rackets
Association in the year 2015.
ANNEXURE P-3
True copy of relevant extract of list of
14.
selected candidates including present
petitioner.
ANNEXURE P-4
True translated copy of letter dated
15.
14.03.2017 issued by the competent
authority.
ANNEXURE P-5
True translated copy of certificate
16.
dated 07.04.2017 issued by the
competent authority.
ANNEXURE P-6
17. True translated copy of inquiry
committee report.
ANNEXURE P-7
True translated copy of letter dated
18.
22.08.2019 with colour photographs of
practical game dated 28.08.2019.
ANNEXURE P-8
True translated copy of letter dated
19.
09.09.2021 issued by the competent
authority.
ANNEXURE P-9
20. True translated copy of statement
dated 03.02.2020.
ANNEXURE P-10
21. True translated copy of FIR bearing
Crime No.513/2021.

4
5

ANNEXURE P-11
22. True translated copy of second inquiry
report dated 22.12.2021.
ANNEXURE P-12
True copy of order dated 23.12.2021
23.
passed by the Ld. Additional Sessions
Judge, Pune in the year 2011.
ANNEXURE P-13
True copy of order dated 11.01.2022
24. passed by Hon’ble High Court of
Bombay in Anticipatory Bail
Application No. 28/2022.
ANNEXURE P-14
25.
True copy of letter dated 01.08.2022.
ANNEXURE P-15
True copy of order dated 22.09.2022
26.
passed by Hon’ble High Court of
Bombay in A.B.A. No. 28/2022.
ANNEXURE P-16
True copy of order dated 17.04.2023
27. passed by the Ld. Addl. Sessions
Judge, Pune in Cri. Bail Application
No. 244/2023.
ANNEXURE P-17
True copy of memo of Anticipatory
28. Bail Application No 1663/2023 filed
by the petitioner before Hon’ble High
Court of Bombay.
CRI.M.P.No. ______ of 2023
APPLICATION FOR EXEMPTION
29. FROM FILING CERTIFIED COPY
OF IMPUGNED JUDGMENT.

30. CRL. M.P. NO. _____ OF 2023


APPLICATION FOR THE
EXEMPTION FROM FILING
OFFICIAL TRANSLATION
31. FIR Format

32. F/M
33.
V/A

IN THE SUPREME COURT OF INDIA

6
7

CRIMINAL APPELLATE JURISDICTION

SPECIAL LEAVE PETITION (CRL.) NO. OF 2023

IN THE MATTER OF:

Dinesh s/o Navnath Karande …. PETITIIONER

VERSUS

The State of Maharashtra …. RESPONDENT

OFFICE REPORT ON LIMITATION

1. The petition is / are within time.

2. The petition is barred by time and there is delay of


____ days in filing the same against order dated
21.06.2023 and petition for condonation of ____ days
delay has been filed.

3. There is delay ____days in refilling the petition and


the petition for condonation of____days delay in refilling
has been filed.

BRANCH OFFICER
New Delhi
Dated : 05 /07/2023
‘A1’
PROFORMA FOR FIRST LISTING
SECTION:IIA
The case pertains to (Please tick/check the correct box) :

• Central Act : Code of Criminal Procedure

• Section : Section 438.

• Central Rule : N.A.

• Rule No(s) : N.A.

• State Act : N.A.

• Section : N.A.

• State Rule : N.A.

• Rule No(s) : N.A.

• Impugned Interim Order : N.A.

• Impugned Final Order/Decree : Final Judgment and


order dated 21.06.2023

• High Court: Hon’ble High Court of Judicature at Bombay .


Name of Judges : Hon’ble Justice AMIT BORKAR,J.

• Tribunal/Authority : N.A.
1. Nature of Matter : Criminal
2 Applicant/Appellant : Dinesh s/o Navnath Karande

8
9

(a)
(b) e-mail ID : N.A.
(c) Mobile Phone Number : N.A.
3(a) Respondent No.1 : The State of Maharashtra
(b) e-mail ID : N.A.
(c) Mobile Phone Number : N.A.
4(a) Main category : 1400 – Ordinary Criminal
classification matter
(b) Sub-classification : 1408 – Others
5. Not to be listed before : N.A.
6. a) Similar disposed of matter
with citation, if any, & case
details: No disposed of matter
b) Similar pending matter
with case details: No Similar matter is pending
‘A2’

7. CRIMINAL MATTERS : Yes

(a) Whether accused/convict has


surrendered? Yes
(b) FIR No. : 0513 Date : 30.11.2021
(c) Police Station : Chaturshrungi Police Station
(d) Sentence Awarded : Petitioner seeking anticipatory
bail.
(e) Period of sentence :
undergone including
period of detention/
custody undergone
8. LAND ACQUISITION : N.A.
MATTERS
(a) Date of Section 4 : N.A.
Notification
(b) Date of Section 6 : N.A.
Notification
(c) Date of Section 17 : N.A.
Notification
9. TAX MATTERS : N.A.
10. SPECIAL CATEGORY (First Applicant/Appellant only) : N.A.

• Senior Citizen
• SC/ST

• Woman/Child

• Disabled

• Legal Aid Case

• In Custody
11. Vehicle number (in case of Motor Accident Claim matters) :
N.A.

Date:- 05 /07/2023 [Amol B. Karande]


AOR for Applicant(s)
Code No.- :2114
Mobile:09212328888
Email id- lexabk7@gmail.com

10
11

SYNOPSIS & LIST OF DATES

From the entire record of the case and particularly from the

sequence of event, it is abundantly clear that the petitioner is

victim of the victimization from the insiders of the department.

Both the sports certificate No. 97 and 62 submitted by the

petitioner during verification for securing job are genuine one

and have been certified by the competent authority vide order

dated 14.03.2017 (ANNEXURE “P- Page No.____) and

further confirmed by the Inquiry Officer in the First Inquiry

dated 28/05/2019. (ANNEXURE “P- Page No.____)

Additionally statement recorded by the Investigation

Officer dated 03.02.2020 of the President of Maharashtra Squash

Rackets Association, Aurangabad and pursuant thereto, practical

game recorded on camera dated 28.08.2019 (ANNEXURE “P-

Page No.____) in the presence of respondent officers, clearly

substantiate falsity of an alleged crime No. 513/2021.

Moreover it is contrary to the departmental rules and

regulations to conduct second inquiry despite report of first

inquiry clearly gave clean chit to the Petitioner.


Moreover, pursuant to interim protection dated

11.01.2022 (ANNEXURE “P- Page No.____) by the Hon’ble

High Court, the petitioner due diligently visited office of the

Respondent Police Station and co-operated in the investigation

and even submitted entire documentary evidence, therefore,

further physical custody of the petitioner is not required.

It is relevant to mention here that, during his services, the

petitioner after obtaining permission from the employer

completed his Graduation in Engineering (Information

Technology) and now doing private job.

The petitioner is hard working young person whose entire

future is at state due to registration of alleged crime. Even

though, pursuant to interim order, he cooperated in the

investigation and submitted all relevant documents with the

respondent police station, petitioner is further ready for

investigation if any and for that purpose physical custody of the

petitioner is not required.(Kindly refer Annexure P- )

The petitioner is permanent resident of Maharashtra having

movable and immovable assets and therefore, probability of

absconding is indistinct.

12
13

Besides, considering nature of the offence and record

available with employer and relevant Government offices,

possibility of tampering of evidence and influence over the

witnesses is impossible.

Therefore, keeping in mind proposition laid down by this

Hon’ble Court, “Bail is a rule and jail is an exception”.

Petitioner can be enlarged on anticipatory bail subject to terms

and condition this Hon’ble Court deem fit keeping in mind

principle of liberty of individual enshrined under Article 21 of

the Constitution of India.

Thus, petitioner can be enlarged on anticipatory bail subject to

condition which this Hon’ble Court deems fit and proper.

December,2011 Sport certificate issued in favour of the

petitioner by Pune District Shooting Ball

Association for its extra ordinary

performance.

True copy of Sports certificate issued by the

Pune District Shooting Ball Association in the

year 2011 is annexed herewith and marked as

ANNEXURE P-1 [Page No. ]


July, 2015 Sports certificate of merit issued by

Maharashtra Squash Rackets Association in

favour of the petitioner.

True copy of sports certificate issued by the

Maharashtra Squash Rackets Association in

the year 2015 is annexed herewith and

marked as ANNEXURE P-2 [Page No.

13.08.2016 The petitioner appointed on the post of

“Assistant Police Sub Inspector” (Radio and

Mechanic) pursuance to advertisement dated

16.12.2015 issued by the Home Department,

State of Maharashtra from the quota reserve

for sports person.

True copy of relevant extract of list of

selected candidates including present

petitioner is annexed herewith and marked as

ANNEXURE P-3 [Page No. ]

14
15

14.03.2017 Deputy Director of Sports and Youth Services

Aurangabad Division certified after

verification of the Sports Certificate tendered

by the petitioner, that the petitioner is

competent to secure job from the Sports quota

considering validity of this certificate.

True translated copy of letter dated

14.03.2017 issued by the competent authority

is annexed herewith and marked as

ANNEXURE P-4 [Page No. ]

07.04.2017 The Police Commissioner and Director of

Police Wireless messages issued certificate in

favour of the petitioner for successful

completion of training on the post of

“Assistant Police Sub Inspector (Radio

Mechanic).

True translated copy of certificate dated

07.04.2017 issued by the competent authority

is annexed herewith and marked as

ANNEXURE P-5 [Page No. ]


28.05.2019 Pursuant to direction issued by the superior

authorities inquiry was conducted against the

petitioner relates to validity of Sports

Certificate tendered while securing the job

from the sports quota. In the said inquiry after

verifying all the relevant record and recording

statement of all the witnesses on all eight

points, inquiry officer found that acquisition

level/ alleged against the petitioner could not

be proved.

True translated copy of inquiry committee

report is annexed herewith and marked as

ANNEXURE P-6 [Page No. ]

22.08.2019 Assistant Director Sports and Youth Services,

Pune, Maharashtra State send letter to the

Secretary of Maharashtra Squash Rackets

Association and Maharashtra Squash Rackets

Association, Aurangabad directed him to

conduct the test whether the petitioner can

able to play Squash. Accordingly, the said

test was conducted on camera which reflects

16
17

that the petitioner is good player of this

squash.

True translated copy of letter dated

22.08.2019 with colour photographs of

practical game dated 28.08.2019 is annexed

herewith and marked as ANNEXURE P-7

[Page No. ]

09.09.2021 Assistant Director Sports and Youth Services,

Pune send letter to Assistant Commissioner of

Police and Director Police Wireless

Messages, Pune. The said correspondence

clarified about ambiguity in the decision

making and process adopted during inquiry

against the petitioner.

True translated copy of letter dated

09.09.2021 issued by the competent authority

is annexed herewith and marked as

ANNEXURE P-8 [Page No. ]

03.02.2020 Deputy Superintendent of Police (Home),

Beed recorded the statement of one Pradip


Bhaskarrao Khandare President of

Maharashtra Squash Rackets Association,

Aurangabad in the context of acquisition

made against the petitioner. In the said

statement President of Maharashtra Squash

Rackets Association, Aurangabad specifically

admitted that, the present case is very good

player of the squash and having complete

knowledge thereof. Further, he admitted that,

the petitioner completed training. Even this

statement is recorded with Inquiry officer

after registration of alleged Crime No. 513 of

2021.

True translated copy of statement dated

03.02.2020 is annexed herewith and marked

as ANNEXURE P-9 [Page No. ]

30.11.2021 FIR bearing Crime No. 513 of 2021 lodged

against the petitioner for the offences

punishable U/Section 420, 465, 468 and 471

18
19

of Indian Penal Code at Chaturshrungi Police

Station, Pune at the behest of respondent.

True translated copy of FIR bearing Crime

No.513/2021 is annexed herewith and marked

as ANNEXURE P-10 [Page No. ]

22.12.2021 Out of grudge against the petitioner from few

inside the department, despite there is clean

chit on first acquisition by the inquiry officer,

second inquiry was conducted and in the

second inquiry, it is allegedly found that the

petitioner secured service by Maharashtra

Squash Rackets Association, Aurangabad

tendering Maharashtra Squash Rackets

Association, Aurangabad bogus sports

certificate. Accordingly, services of the

petitioner came to be terminated.

True translated copy of second inquiry report

dated 22.12.2021 is annexed herewith and

marked as ANNEXURE P-11

[Page No. ]
23.12.2021 Apprehending arrest in connection with

Crime No.513/2021, petitioner filed Bail

Application No. 8365 of 2021 before the

Additional Sessions Judge, Pune for

anticipatory bail. Said came to be rejected by

the Ld. Court.

True copy of order dated 23.12.2021 passed

by the Ld. Additional Sessions Judge, Pune

in the year 2011 is annexed herewith and

marked as ANNEXURE P-12

[Page No. ]

11.01.2022 Against the rejection of bail order dated

23.12.2021, petitioner filed Anticipatory Bail

Application No. 28/2022 before Hon’ble

High Court of Bombay. The Hon’ble High

Court of Bombay released the petitioner on

bail by way of ad interim measure and further

directed to petitioner to co-operate in the

investigation.

20
21

True copy of order dated 11.01.2022 passed

by Hon’ble High Court of Bombay in

Anticipatory Bail Application No. 28/2022 is

annexed herewith and marked as

ANNEXURE P-13 [Page No. ]

01.08.2022 Pursuance to direction dated 19.07.2022,

passed in A.B.A. No. 28/2022, the petitioner

due diligently visited to the Chaturshrungi

Police Station Pune and submitted all the

relevant documents. From said

correspondence it is abundantly clear that the

petitioner co-operated the then investigation

and his further physical custody in the

peculiarity of the case is not required.

True copy of letter dated 01.08.2022 is

annexed herewith and marked as

ANNEXURE P-14 [Page No. ]

22.09.2022 The Counsel of the petitioner has made

motion for withdrawal of the Anticipatory


Bail Application No. 28/2022 and accordingly

it is dismissed as withdrawn.

True copy of order dated 22.09.2022 passed

by Hon’ble High Court of Bombay in A.B.A.

No. 28/2022 is annexed herewith and marked

as ANNEXURE P-15 [Page No. ]

06.04.2023 The petitioner filed Criminal Bail

Application No. 244/2023 for Anticipatory

Bail in connection with Crime No. 513/2021

on second occasion.

06.04.2023. The Ld. Sessions Judge issued notice to the

prosecution and kept it for further hearing on

12.04.2023.

17.04.2023 The Ld. Additional Sessions Judge, Pune

rejected Criminal Bail Application No.

244/2023 filed by the petitioner.

True copy of order dated 17.04.2023 passed

by the Ld. Addl. Sessions Judge, Pune in Cri.

Bail Application No. 244/2023 is annexed

22
23

herewith and marked as ANNEXURE P-16

[Page No. ]

10.06.2023 Being aggrieved the order dated 17.04.2023,

the petitioner filed Anticipatory Bail

Application No. 1663/2023 before Hon’ble

High Court of Bombay.

True copy of memo of Anticipatory Bail

Application No 1663/2023 filed by the

petitioner before Hon’ble High Court of

Bombay is annexed herewith and marked as

ANNEXURE P-17[Page No. ]

21.06.2023 The Hon’ble High Court rejected Anticipatory

Bail Application No. 1663/2023 filed by the

petitioner. (IMPUGNED ORDER).

05.07.2023 Hence, present Petition

.
IN THE SUPREME COURT OF INDIA
[S.C.R., ORDER XXII RULE 2(1)(a)]
CRIMINAL APPELLATE JURISDICTION
SPECIAL LEAVE PETITION (CRIMINAL) NO.__ OF 2023
[WITH PRAYER FOR INTERIM RELIEF)

BETWEEN POSITION OF
PARTIES IN
Before High Court

Dinesh s/o Navnath Karande, Applicant


Aged 28 years, Occ: Service, R/o.
Tuljai Chowk, Canal Road, Beed.
(Maharashtra).

AND

1. The State of Maharashtra through Respondent Re


Chaturshrungi Police sp
Station,Pune,Maharashtra on
de
nt

Respondent is the contesting respondent.

To,
HON'BLE THE CHIEF JUSTICE OF INDIA
AND HIS COMPANION JUSTICES OF THE
SUPREME COURT OF INDIA

THE SPECIAL LEAVE PETITION


OF THE APPLICANT ABOVE
NAMED:

MOST RESPECTFULLY SHOWETH:

24
25

1. This Special Leave Petition is directed against the Final

Judgment and Final Order dated order dated 21.06.2023 passed

by the Hon’ble High Court of Judicature at Bombay in

Anticipatory Bail Application No. 1663 of 2023.ABA filed y

the petitioner rejected by the Hon'ble High Court vide impugned

order.

1A. No Writ appeal or L.P.A. lies against the impugned

judgment and order.

2.Questions of Law :
The following questions of law arise for consideration of

this Hon’ble Court

i) Whether in the facts and circumstances of the present case,

physical custody of the petitioner is required?

ii) Whether in the facts and circumstances of the present case,

from the first conclusion of the departmental inquiry dated

18.05.2019, no accusation as alleged is made out against

the petitioner?

iii) Whether order dated 14.03.2017 passed by the competent

authority, Deputy Director for Sports and Youth

Empowerment, Aurangabad Division, clearly validates

Sports Certificate issued in favour of the petitioner?


iv) Whether, statement dated 03.02.2020 of President of

Maharashtra Squash Racket Association substantially

proved the sports certificate in favour of the petitioner?

v) Whether, in view of correspondence dated 01.08.2022 with

the respondents through Chaturshrungi Police Station,

Pune and considering details mentioned therein, physical

custody of the petitioner is required, despite of his

cooperative conduct through-out the investigation?

vi) Whether in the facts and circumstances of the present case,

prima facie accusation is made out against the petitioner on

the face value of the first information report?

vii) Whether prosecution comes with proper justification for

the delay caused for filing First Information Report?

3. Declaration in terms of Rule 3 (2) :

The Applicant states that no other petition seeking leave to

appeal under Article 136 of the Constitution of India has

True translated copy of letter dated 14.03.2017 issued by

the competent authority High Court of Judicature at

Bombay in Anticipatory Bail Application No. 1663 of

2023.

26
27

Declaration in terms of Rule 5 :

The annexures P – 1 to P – 17 produced along with the

special leave petition are true copies of the pleadings /

documents which formed part of the records of the case in

the High Court against whose order, leave to appeal is

sought for in this petition.

Grounds :

1.i.I. Because Hon’ble High Court ought to have been

considered that, considering entirety of case no prima

facie accusation is made out against the petitioner.

1.i.II. Because Hon’ble High Court ought to have been

considered that, in view of correspondence dated

01.08.2022 and keeping in mind that the entire record

within the custody of respondents, physical custody of

petitioner is not required.

1.i.III. Because, Hon’ble High Court ought to have

been considered that, an inquiry conducted by the

department itself shows itself confirms that, certificates

submitted by the petitioner are genuine.


1.i.IV. Because, the Hon’ble High Court ought to

have been considered that, the competent authority vide

communication dated 14.03.2017 validates certificate

issued in favour of the petitioner.

1.i.V. Because the Hon’ble High Court ought to have been

considered that, a practical game dated 28.08.2019 and

statement recorded dated 03.02.2020 of Pradip

Bhaskarrao Khandare President of Maharashtra State

Squash Association clearly substantiate innocence of the

petitioner.

1.i.VI. Because the Hon’ble High Court ought to

have been considered that, in the back drop of first

inquiry committee report dated 28.05.2019, there was no

need of second inquiry report dated 22.12.2021 and from

such colourable exercise clear inference can be drawn,

that the petitioner is victim of the victimization of the

behest of some of the insiders from the department.

1.i.VII. Because Hon’ble High Court ought to have

been considered that, in view of ratio laid down by this

Hon’ble Court on numerous occasion in identical

28
29

situation, petitioner deserves to be released on

anticipatory bail subject to terms and conditions with this

Hon’ble Court deems fit and proper.

1.i.VIII. Because Hon’ble High Court ought to have

considered that there is no such provision to empower

respondent to conduct second inquiry.

1.i.IX. Even otherwise, the impugned judgment and

order is not just and proper.

6. GROUNDS FOR INTERIM RELIEF:

From the entire record of the case and particularly from the

sequence of event it is abundantly clear that the petitioner is

victim of the victimization from the insiders of the department.

Both the sports certificate No. 97 and 62 submitted by the

petitioner during verification for securing job are genuine one

and have been certified by the competent authority vide order

dated 14.03.2017 and further confirmed by the Inquiry Officer in

the First Inquiry dated 28/05/2019.

Additionally, statement recorded by the Investigation Officer

dated 03.02.2020 of the President of Maharashtra Squash


Rackets Association, Aurangabad and prior thereto practical

game recorded on camera dated 28.08.2019 in the presence of

respondents officer clearly substantiate falsity of alleged crime

No. 513/2021.

Moreover, pursuant to interim protection dated 11.01.2022,the

petitioner due diligently visited office of the Respondent Police

Station and co-operated in the investigation and even submitted

entire documentary evidence, therefore, further physical custody

of the petitioner is not required.

7. MAIN PRAYER:

It is, therefore, most respectfully prayed that Your

Lordships may graciously be pleased to –

a. Grant Special Leave to Appeal against the Order

dated order dated 21.06.2023 passed by the Hon’ble

High Court of Judicature at Bombay in Anticipatory

Bail Application No. 1663 of 2023;

b. Pass any other or further orders as this Hon’ble

Court deems fit under the circumstances of this case.

8. PRAYER FOR INTERIM RELIEF:

30
31

This Hon’ble Court may graciously be pleased to:

(a) Grant ex-parte, ad-interim stay to the impugned judgment

and order dated 21.06.2023 passed by the Hon’ble High Court of

Judicature at Bombay in Anticipatory Bail Application No.

1663 of 2023.

(b) Further during pendency of present petition, petitioner may

kidly be released on anticipatory bail in connection with Crime

No.513 of 2021 registered with Chatushrungi Police Station,

Pune.

(c) Pass any other or further orders as this Hon’ble Court

deems fit under the circumstances of this case.

Drawn & Filed By

(AMOL B. KARANDE)
Advocate for Applicant
Drawn on: 23 /06/2023
Filed on: 05 /07/2023
Place: New Delhi.
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
IN
SPECIAL LEAVE PETITION (Crl.) No. of 2023

IN THE MATTER OF:

Dinesh s/o Navnath Karande …. PETITIOINER

VERSUS

The State of Maharashtra


…. RESPONDENT

CERTIFICATE:

Certified that the Special Leave Petition is confined only to


the pleadings before the Court/Tribunal whose order is
challenged and the other documents relied upon in those
pleadings. No additional facts, documents or grounds have been
taken herein or relied upon in the Special Leave Petition. It is
further certified that the copies of the documents/annexures
attached to the Special Leave Petition are necessary to answer the
question of law raised in the Petition or to make out grounds
urged in the Special Leave Petition for consideration of this
Hon’ble Court. This certificate is given on the basis of
instructions given by the applicant/ person authorized by the
applicant whose affidavit is filed in support of the Special Leave
Petition.

Filed by

(AMOL B. KARANDE)
Advocate for the Applicant

Filed on: 05 /07/2023


Place: New Delhi.

32
33

IN THE SUPREME COURT OF INDIA


CRIMINAL APPELLATE JURISDICTION

CRL. M.P. No.______ OF 2023


IN
SPECIAL LEAVE PETITION (CRL.) NO.__OF 2023

IN THE MATTER OF:

Dinesh s/o Navnath Karande …. APPLICANT

VERSUS

The State of Maharashtra …. RESPONDENT

APPLICATION FOR EXEMPTION FROM FILING


CERTIFIED COPY OF IMPUGNED JUDGMENT AND ORDER

TO
THE HON’BLE CHIEF JUSTICE OF INDIA
AND HIS OTHER COMPANIONS JUDGES OF
THIS HON’BLE SUPREME COURT OF INDIA

THE HUMBLE APPLICATION OF


THE APPLICANT ABOVENAMED

MOST RESPECTFULLY SHOWETH AS UNDER: -

1] That the applicant above named seeks Special Leave to Appeal

under Article 136 of the Constitution of India challenging the

impugned judgment & order 21.06.2023 passed by the Hon’ble

High Court of Judicature at Bombay in Anticipatory Bail

Application No. 1663 of 2023.


2] This application may be read as a part of the accompanying

Special Leave Petition and the pleadings therein are not

repeated in this application for the sake of brevity. The

pleadings made therein shall be treated as a part of the present

application.

3] That the applicant most respectfully submits, the applicant has

applied for certified copy of the impugned judgment and order

dated 21.06.2023 but same is not yet delivered, therefore,

online copy available from the official website of Bombay

High Court has been filed herewith. In view of this fact

applicant may kindly be exempted from filing certified copy of

impugned judgment and order.

PRAYER
The Applicant therefore humble prays that this Hon’ble
Court may be pleased to:
A] Applicant may kindly be exempted from filing certified
copy of the impugned judgment and order dated
21.06.2023.
B] Pass any other order as this Hon’ble Court deem fit and
proper in the interest of justice.

AND FOR WHICH ACT OF KINDNESS THE


APPLICANTSHALL EVER BE GRATEFUL.
Filed by:

(AMOL B. KARANDE)
ADVOCATE FOR APPLICANT
PLACE: NEW DELHI
DATE: 05 /07/2023

34
35

IN THE SUPREME COURT OF INDIA


CRIMINAL APPELLATE JURISDICTION

CRL.M.P.NO. OF 2023
IN
SPECIAL LEAVE PETITION (CRL.) NO.________OF 2023

IN THE MATTER OF:

Dinesh s/o Navnath Karande …. APPLICANT

VERSUS

The State of Maharashtra …. RESPONDENT

APPLICATION FOR EXEMPTION FROM FILING


OFFICIAL TRANSLATION
TO,
THE HON’BLE CHIEF JUSTICE OF INDIA
AND HIS COMPANION JUDGES
OF THE SUPREME COURT OF INDIA.

THE HUMBLE APPLICATION OF


THE APPLICANT ABOVE NAMED

MOST RESPECTFULLY SHOWETH:


1] That the applicant above named seeks Special Leave to
Appeal under Article 136 of the Constitution of India
challenging the impugned judgment & order dated
21.06.2023 passed by the Hon’ble High Court of
Judicature at Bombay in Anticipatory Bail Application
No. 1663 of 2023.
2. The applicant craves leave of this Hon’ble Court to rely
upon and refer to the facts, circumstances and grounds
mentioned in the accompanying Special sake of brevity.
3. That it is respectfully submitted that some portion of
accompanying Annexure P-4 to P–11 of the SLP is
originally in Marathi, which were translated by the local
counsel and due to urgency, Applicants filed these
translated documents. Therefore, it is respectfully prayed
that this Hon’ble Court may be pleased to exempt the
Applicants from filing official translation of some portion
of annexure P-4 to P-11 in the interest of Justice.
4. That this application is bonafide.

PRAYER
It is, therefore, most respectfully prayed that this Hon’ble
Court may kindly be pleased to:

(a) Exempt the Applicant from filing official translation of


some portion of Annexure P-4 to P –11. .

(b) Pass any other order(s) or directions as this Hon’ble Court


may deem fit and proper under the facts and circumstances
of the case.
FILED BY:

Filed on: 05 /07/2023


(MR. AMOL B. KARANDE)
Advocate for the Applicant

36

You might also like