Supreme CourtDivision Bench(2011) 06 SC CK 0027

Sharad Kumar etc. vs Central Bureau of Investigation

Supreme Court Of India · Decided on 20 June 2011 · Citation: (2011) 6 SCALE 567 : (2012) 1 SCC 65

HON’BLE JUDGES
G.S. Singhvi, J · B.S. Chauhan, J
RESULT
Disposed Of
CASE NUMBER
Petition for Special Leave to Appeal (Criminal) No''s. 4584-4585 of 2011

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Judgment

5 paragraphs · 176 words
1.

These petitions are directed against order dated 08.06.2011 passed by the learned Single Judge of the Delhi High Court whereby he rejected the petitions filed by the Petitioners u/s 439 of the Code of Criminal Procedure.

2.

We have heard learned Counsel for the parties at length and perused the record of the case. In our view, the reasons assigned by the learned Special Judge and the learned Single Judge of the High Court for refusing to entertain the Petitioners' prayer for bail do not suffer from any legal infirmity.

3.

The special leave petitions are accordingly dismissed.

4.

However, liberty is given to the Petitioners to file fresh applications u/s 439 of the Code of Criminal Procedure before the Special Court after framing of the charges. In her application, Petitioner No. 2 shall be entitled to again invoke the provisions of Section 437 of the Code of Criminal Procedure.

5.

The fresh applications filed by the Petitioners shall be decided by the Special Court without being influenced by the rejection of the earlier applications.