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IN THE SUPREME COURT OF INDIA

[CRIMINAL APPELLATE JURISDICTION]


SPECIAL LEAVE PETITION (CRL.) No. OF 2019
WITH PRAYER FOR INTERIM RELIEF
[Against the final judgment & order dated 15-7-2019 passed by
the Hon’ble High Court of Judicature for Rajasthan at Jodhpur
in S.B. Criminal Misc. Bail Application No.7197 of 2019]

IN THE MATTER OF:


Fakiro Khan ………Petitioner

//VERSUS//
Latif Khan & Anr. ..……Respondents

//WITH//
Crl, M.P. No. /2019:: An application for permission to file
S.L.P.
//AND//
Crl, M.P. No. /2019:: An application for exemption from
filing O.T.
//AND//
Crl, M.P. No. /2019:: An application for permission to file
Additional documents

PAPER BOOK

(FOR INDEX PLEASE SEE INSIDE)


[ADVOCATE FOR THE PETITIONER: - S.R.SETIA]

INDEX

Sl. Particulars of Page No. Remar


No. Document of part ks
Part -I Part- II
to which
it (Content (Contents
belongs s of of file
Paper alone )
Book)

(i) (ii) (iii) (iv) (v)


1 Court Fee Rs.NIL
2. O/R on Limitation A A
3. Listing Proforma A-1—A2 A-1—A2
4. Cover Page of Paper A-3
Book
5. Index of Record of A-4
Proceedings
6. Limitation Report A-5
prepared by the
Registry
7. Defect List A-6
8. Note Sheet NS 1 to …..
9. List of Dates B— -
10. Copy of the final
Common judgment
1--
& order dated 15-7-
2019 passed by the
Hon’ble High Court
of Judicature for
Rajasthan at
Jodhpur in S.B.
Criminal Misc. Bail
Application
No.7197 of 2019.
11. Special Leave
Petition (Crl.) with
affidavit.
12. APPENDIX OF
RELEVANT
PROVISION ::
i) U/s
302/365/51
1 IPC.
ii) U/s
5(m)/6/18
POCSO Act
iii) U/s 439
Cr.P.C

13. ANNEXURE-P/1::
True translated
copy of the FIR
No.0006 dated
10.02.2019 U/s
302 IPC lodged at
Police Station Sam,
District Jaisalmer,
Rajasthan
14. ANNEXURE-P/2::
True partially
translated partially
typed copy of the
Post Mortem Report
dated 10.02.2019
of deceased
Saddam
15. ANNEXURE-P/3::
True translated
copy of the
statement dated
17.02.2019 of
Mukhtyar Khan
U/s 161 Cr.P.C in
Crime case no.06
dated 10.02.2019
U/s 302 IPC
16. ANNEXURE-P/4::

True translated

copy of the
statement dated

18.02.2019 of Smt.

Animat U/s 161

Cr.P.C in Crime

case no.06 dated

10.02.2019 U/s

302 IPC
17. ANNEXURE P/5::

True translated

copy of the

Statement dated

18.02.2019 of the

Petitioner Fakiro

Khan U/s 161

Cr.P.C in Crime

case no.06 dated

10.02.2019 U/s

302 IPC
ANNEXURE P/6:
True translated
copy of the
statement dated
27.02.2019 of
Usman Khan U/s
161 Cr.P.C in
Crime case no.06
dated 10.02.2019
U/s 302 IPC
ANNEXURE P/7:
True translated copy

of the statement

dated 28.02.2019 of
Rafiq Khan U/s 161

Cr.P.C in Crime

case no.06 dated

10.02.2019 U/s

302 IPC
ANNEXURE P/8:
True translated

copy of the call

details report of

Accused Latif,

witness Rafiq and

deceased Saddam
ANNEXURE P/9:
True translated
copy of the
statement of Rafiq
Khan recorded U/s
164 Cr.P.C before
the Chief Judicial
Magistrate;
Jaisalmer
ANNEXURE P/10:
True typed copy of
the Visera Report
dated 09.04.2019
of deceased
Saddam as
prepared by the
Doctors of Regional
Forensic Science
Laboratory,
Jodhpur, Rajasthan
True typed copy of
the Visera Report
dated 09.04.2019
of deceased
Saddam as
prepared by the
Doctors of Regional
Forensic Science
Laboratory,
Jodhpur, Rajasthan
ANNEXURE P/11:
True translated
copy of the Charge
sheet o.1 dated
03.05.2019 in FIR
No. 0006 dated
10.02.2019 U/s
302 IPC lodged at
Police Station Sam,
District
Jaisalmer
ANNEXURE P/12:
True translated
copy of the order
dated 28.05.2019
passed by the Ld.
Trial Court in Bail
Application no.
16/2019 U/s 439
Cr.P.C
ANNEXURE P/13:
True typed copy of
the relevant portion
of part of the Port
Mortem report
where opinion of
doctors for death of
the deceased
Saddam
ANNEXURE P/14:
True translated
copy of court
proceeding dated
16.07.2019 where
charge has been
framed against the
Accused/Responde
nt no.1
ANNEXURE P/15:
True translated
copy of the FIR
no.30 dated
20.07.2019 U/s
365/511 IPC
lodged at police
station Sam,
District Jaisalmer
18. Crl. M.P. No. /
2019:: An
application for
permission to file
SLP.
Crl. M.P. No. /
2019:: An
application for
permission to file
additional
documents.
19. Crl. M.P. No. /
2019:: An
application for
exemption from
filing O.T.
20. F/M -40-
21. V/A -41-
22. Memo of party -42-
23. FIR Format -43-
******************

SECTION-II

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

SPECIAL LEAVE PETITION (CRL.) NO. ……………….…. OF


2019

IN THE MATTER OF ::
Fakiro Khan ………Petitioner
//VERSUS//
Latif Khan & Anr. .……Respondents
INDEX OF FILING

S.No. DESCRIPTION COPIES COURT


FEES
1. Listing Performa 1 + 3
2. List of Dates 1 + 3

3. Copy of the final Common 1 + 3


judgment & order dated 15-7-
2019 passed by the Hon’ble
High Court of Judicature for
Rajasthan at Jodhpur in S.B.
Criminal Misc. Bail Application
No.7197 of 2019.
4. Special Leave Petition [CRL.] 1 + 3
with affidavit.
5. 1 + 3
ANNEXURE-P/1 to P/
6. Crl. M.P. No. /2019:: An 1+ 3
application for permission to file
in SLP.
7. Crl. M.P. No. /2019::An 1 + 3
application for Exemption from
filing O.T.
8.

9.
10. Vakalatnama and Memo of
Appearance.

(S.R. SETIA ) Code No.


714
Advocate for the
petitioner
New Delhi. 323, New Lawyers
Chamber’s
Dated: -8- 2019 Supreme Court of
India
Ph: 23070061
E-Mail:- srsetia34@gmail.com
SECTION II
PROFORMA FOR FIRST LISTING

THE CASE PERTAINS TO (PLEASE TICK/CHECK THE


CORRECT BOX.)
Central Act: (Title) The Indian penal Code Act

Section : U/s. 302 IPC and 5 (M) 06/18 of POCSO Act


Central Rule: (Title) U/s. 302 of IPC
Rule No(s) : N.A
State Act: (Title) N.A.
Section: U/S 5 (M) 06/18 of POCSO Act
State Rule: (Title) N.A.
Rule No(s): N.A
Impugned Interim order: (Date) NO

Impugned Final Order/Decree: (Date) 15-07-2019


High Court: (Name) Hon’ble High Court of Judicature
for Rajasthan at Jodhpur.
Names of Judges:Hon’ble Mr. Justice Vijay Bishnoi
J.,
Tribunal/Authority: (Name) N.A.

1. Nature of Matter: Criminal


2.(a) Petitioner/Appellant No.1: Fakiro Khan
(b) e-mail ID: N.A.
(c) Mobile Phone Number: N.A.
3.(a) Respondent No.1: Latif Khan & Anr.
(b) e-mail ID: N.A.
(c) Mobile Phone Number: N.A.
4.(a) Main Category classification: 014 Criminal Matters
(b) Sub classification: 1418 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
Similar pending matter with case details:- No similar
(b) matter

Pending.
7. Criminal Matters: Yes
(a) Whether accused /convict has surrendered: Yes
(b) FIR No. No. 06/2019
(c) Police Station Sam, District- Jaisalmer (Rajasthan )

(d) Sentence Awarded: Under Trial


(e) Period of sentence undergone including period of
detention/
custody undergone:- No
8. Land Acqauisition Matters:
(a) Date of Section 4 Notification : N.A.
(b) Date of Section 6 Notification: N.A.

(c) Date of Section 17 notification: N.A.


9. Tax Matter: State the tax effect: N.A.
10. Special Category: (first petitioner/appellant only): N.A.
Senior citizen > 65 years SC/ST Woman/Child
Disabled
Legal Aid Case In custody.
11. Vehicle Number (in case of Motor Accident Claim
matters): N.A.

Date -8 -2019 (S. R. SETIA )


AOR: Advocate for the
Petitioner (s)
Registration No.714
Ph.23070061
E-mail:-
srsetia39@gmail.com
”A”
IN THE SUPREME COURT OF INDIA
[CRIMINAL APPELLATE JURISDICTION]
SPECIAL LEAVE PETITION (CRL.) No. ………………...OF

2019

IN THE MATTER OF:


Fakiro Khan .....………
Petitioner

//VERSUS//
Latif Khan & Anr. .. ....……
Respondents

OFFICE REPORT ON LIMITATION

1. The Petition is /are within limitation.

2. The Petition is barred by time and there is delay of … …

days in filing the same against Order dated 15–7-2019

and petition for Condonation of …………days delay has

been filed.
3. There is delay of ………. days in Refiling the petition and

petition for Condonation of ……….. days delay in Refiling

has been filed.

New Delhi (Branch

Officer)

Supreme Court of India


Date:- -8 -2019
SYNOPSIS

The aggrieved Petitioner, who is father of the deceased 13 years

old minor son, has preferred the present Special Leave Petition

against the impugned order dated 15.07.2019 passed in S.B.

Criminal Miscellaneous Bail Application No.7197/2019 passed

by the Hon’ble High Court of judicature for Rajasthan at Jodhpur

whereby the Hon’ble Court has been pleased to allow the bail

application of the Accused/Respondent no.1 filed under section

439 Cr.P.C. and subsequently directed to release the

Accused/Respondent no.1 on bail in connection with FIR

no.06/2019, U/s 302 IPC R/w section 5(m), 6, 18 of POCSO Act

2012, lodged at Police Station Sam, District Jaisalmer provided

he executes a personal bond in a sum of Rs.50,000/- with two

sound and solvent sureties of Rs.25,000/- each to the

satisfaction of learned trial court for his appearance before that

court on each and every date of hearing and whenever called

upon to do so till the completion of the trial.

It is pertinent to mention that the Hon’ble High Court has

been failed to put any condition upon the Accused/Respondent

no.1 to ensure the free and fair trial of the case in question while

releasing the Accused/Respondent no.1 on bail due to which the

Accused/Respondent no.1 dare to commit another offence

immediately after his release on bail via attempt to kidnap and

threatened the main material witness of the case namely Rafiq

Khan for which an FIR no.30 dated 20.07.2019 U/s 365/511 IPC
has been lodged at police station Sam, District Jaisalmer against

the Accused/Respondent no.1 by Rafiq Khan.

It is respectfully submitted that the Hon’ble High Court

has been judiciary erred in not appreciating the reasoned order

dated 28.05.2019 passed by the Ld. Trial court while rejecting

the bail application of the Accused/Respondent no.1 and ordered

the release of the Accused/Respondent no.1 on bail vide

unreasoned order.

It is respectfully submitted that as a matter of fact 13 years old

school going minor son (deceased) of the petitioner was subjected

to attempt of unnatural sex by the Accused/Respondent no.1

and due to fear of arrest on raising the voice by the deceased, he

was murdered by putting cloths on his mouth and noise. It is

submitted that despite being accused of such a heinous offence

punishable U/s 302 IPC R/w section 5(m), 6, 18 of POCSO Act

2012, the Hon’ble High Court has been failed to consider the

gravity/seriousness of the offence committed by the

Accused/Respondent no.1 while releasing him on bail by passing

a unreasoned impugned order against a well-reasoned order

rejecting the bail application of the Accused/Respondent no.1 by

the Ld. Trial Court.

It is respectfully submitted that while enlarging the accused on

bail, the Honourable High Court has not passed any reasoned

order as per the settled law laid down by this Hon’ble Court in
catena of Judgments while setting aside the unreasoned bail

order passed by the various High Courts time to time.

It is therefore respectfully submitted that the impugned order in

question passed by the Honble High Court of Judicature for

Rajasthan at Jodhpur is liable to be set aside by this Honourable

court for being an unreasoned order and without appreciating

the material evidence on record as appreciated by the Ld. Trial

Court while rejecting the bail application of the

Accused/Respondent no.1. It is respectfully submitted that the

reasoned order is one of the very basic requirement of natural

justice. Further impugned order is liable to be set aside in view of

the fact that the accused has threatened and attempted to

kidnap the main material witness of the case for which FIR has

already been lodged and investigation is under way and will try

to temper/influence the other material evidence/witness during

the trial if his bail order is not cancelled and he is not taken in

custody again.

LIST OF DATES AND EVENTS

10.02.2019 That upon a written complaint preferred by

Usman Khan S/o Talib Khan, an FIR bearing

no. 06/2019 dated 10.02.2019 was lodged at

Police Station Sam, District Jaisalmer U/s 302

IPC to the effect that deceased/victim Saddam

Khan S/o Fakiro khan aged about 13 years R/o


Kazi Ki Dhani was a regular student of

Government Senior Secondary School in class

7th. The deceased as usual went to his school at

9 AM on 09.02.2019 i.e. the day of incident. The

deceased carried his mobile phone bearing

number 9024480913. When the father of

deceased called him at 11:30 AM his phone was

switched off. Then father of the deceased called

his niece Rafiq Khan to go to the school and ask

him to talk to his father. Around 12 PM when

Rafiq went to the school and enquired with

teacher Kheta Ram about the Saddam, then he

replied that he was in the school before a while

but now he is not in the school please go and

enquire. Then Rafiq, informed the complainant

Usman Khan. The complainant along with many

others informed the whole village about the

disappearance of the deceased and started

searching in all possible places of the village.

The said information was also put on the social

media. however the deceased could not be

traced. When teacher Kheta ram was again

contacted over phone he could not give any

satisfactory reply. In the morning the

complainant and his family members searched

the abandoned places nearby the school then

the dead body of Saddam Khan (deceased) was


found in old Sub- health Centre which is ruin

nowadays. The school staff and the Kheta Ram

were suspected to have killed the deceased. It is

pertinent to mention that the said FIR was

lodged by the complainant without any consent

of the Petitioner even the Petitioner was not

aware of the story of the FIR and came to know

when FIR was lodged and copy of the same was

given to the Petitioner. True translated copy of

the FIR No.0006 dated 10.02.2019 U/s 302 IPC

lodged at Police Station Sam, District Jaisalmer,

Rajasthan is annexed herewith and marked as

Annexure P-1.

10.02.2019 That the Post Mortem of the deceased Saddam

i.e. minor son of the Petitioner was conducted

on 10.02.2019 by the Doctors of Medical and

Health Department, Shree Jawahir Hospital

Jaisalmer, however doctors did not give any

opinion on the cause of death of minor son of

the Petitioner at that time for sake of the FSL

Report. True partially translated partially typed

copy of the Post Mortem Report dated

10.02.2019 of deceased Saddam is annexed

herewith and marked as Annexure P-2.


17.02.2019 That during the investigation the statement of

Mukhtyar Khan was recorded U/s 161 Cr.P.C

wherein he has clearly stated that while he was

going to Village Sam on 09.02.2019 around

10am by Car, the Accused/Respondent no.1

Latif Khan asked for lift to him and

subsequently he dropped Latif Khan i.e.

Accused/Respondent no.1 in the Basti of Sam

on 09.02.2019 i.e. date of the incident. True

translated copy of the statement dated

17.02.2019 of Mukhtyar Khan U/s 161 Cr.P.C

in Crime case no.06 dated 10.02.2019 U/s 302

IPC is annexed herewith and marked as

Annexure P-3.

18.02.2019 That during the investigation the statement of

mother of the deceased Saddam Smt. Animat

i.e. wife of the Petitioner, was recorded U/s 161

Cr.P.C wherein she has categorically stated that

her deceased son Saddam while going to his

School on 09.02.2019 i.e. date of incident,

informed her that Latif Khan i.e.

Accused/Respondent no.1 has spoken him to

make his mobile phone sold out in Rs.5000/- to

someone from Siyambar. Thereafter statement

of the Petitioner was also recorded U/s 161

Cr.P.C on 18.02.2019 wherein he has also

stated that his deceased minor son Saddam told


him that the Accused/Respondent has spoken

his deceased son to make his mobile phone sold

out in Rs.5,000/- to someone from Siyambar.

True translated copy of the statement dated

18.02.2019 of Smt. Animat and Statement

dated 18.02.2019 of the Petitioner Fakiro Khan

U/s 161 Cr.P.C in Crime case no.06 dated

10.02.2019 U/s 302 IPC are annexed herewith

and marked as Annexure P-4 and Annexure P-

5.

27.02.2019 That during the investigation Usman Khan, who

is the main complainant in the FIR in question

and also the maternal uncle of the

Accused/Respondent no.1, has stated U/s 161

Cr.P.C that he has doubt of murder of the

deceased Saddam by his real nephew Latif Khan

i.e. Accused/Respondent, who is also heard to

be habitual of having unnatural sex and in

search of new-new persons for the said purpose.

True translated copy of the statement dated

27.02.2019 of Usman Khan U/s 161 Cr.P.C in

Crime case no.06 dated 10.02.2019 U/s 302

IPC is annexed herewith and marked as

Annexure P-6.
28.02.2019 That during the investigation statement of Rafiq

Khan Son of Mathar Khan was recorded U/s

161 Cr.P.C. who confessed that he is habitual of

having unnatural sex and had been doing

unnatural sex with Latif Khan i.e. the

Accused/Respondent no.1 for four years as Latif

Khan is also habitual of having unnatural sex.

He further stated that on dated 09.02.2019, he

met with the Accused Latif in front of the mobile

soap of Anil Khatri at Village Sam where Latif

indicated him to have sex and there both of us

moved to old Hospital at Sam where we had sex

with Latif 4-5 days before. He further stated

that when he entered into the inside room of the

Hospital he found one dead body was lying

inside the room upon enquiry Latif i.e. the

Accused/Respondent no.1 admitted that he

brought the deceased Saddam for having Sex

but as he started making noise, he pressed

saddam’s mouth and noise with shawl due to

which he died. He further stated that

Accused/Respondent no.1 Latif clearly

threatened him not to disclose this fact to

anyone otherwise he would be also killed or

implicated in false case by him. He further

stated that due to threat of

Accused/Respondent no.1 Latif, he could not


speak this fact earlier to anyone. Thereafter on

28.02.2019 the police got the call details report

of Accused/Respondent no.1 Latif Khan,

witness Rafiq Khan and deceased Saddam from

concerned operator which indicates Accused

Latif made calls to deceased Saddam on the day

of incident and it was also found that Accused

Latif used to call witness Rafiq and location of

the Accused Latif was also found near the dead

body of the Saddam was found. On the basis of

the aforesaid information the

Accused/Respondent no.1 Latif Khan was

arrested by the Police on 28.02.2019. True

translated copy of the statement dated

28.02.2019 of Rafiq Khan U/s 161 Cr.P.C in

Crime case no.06 dated 10.02.2019 U/s 302

IPC and True translated copy of the call details

report of Accused Latif, witness Rafiq and

deceased Saddam are annexed herewith and

marked as Annexure P-7 and Annexure P-8

respectively.

02.03.2019 That after recording the statement of Rafiq Khan

on 28.02.2019 U/s 161 Cr.P.C, his statement

U/s 164 Cr.P.C was got recorded before the

Chief Judicial Magistrate, Jaisalmer on


02.03.2019 wherein he reiterated his statement

gave U/s 161 Cr.P.C to the Police on

28.02.2019. True translated copy of the

statement of Rafiq Khan recorded U/s 164

Cr.P.C before the Chief Judicial Magistrate;

Jaisalmer is annexed herewith and marked as

Annexure P-9.

09.04.2019 That on 09.04.2019, Visera Report of deceased

Saddam was prepared by the Doctors of

Regional Forensic Science Laboratory, Jodhpur,

Rajasthan. True typed copy of the Visera Report

dated 09.04.2019 of deceased Saddam as

prepared by the Doctors of Regional Forensic

Science Laboratory, Jodhpur, Rajasthan is

annexed herewith and marked as Annexure P-

10.

03.05.2019 That after completion of the investigation, the

Police filed the charge-sheet no.1 dated

03.05.2019 against the Accused/Respondent

no.1 Latif Khan U/s 302 IPC R/w section

5m./6/18 of POCSO Act, 2012 before the Court

on 03.05.2019. True translated copy of the

Charge sheet o.1 dated 03.05.2019 in FIR No.

0006 dated 10.02.2019 U/s 302 IPC lodged at

Police Station Sam, District Jaisalmer is


annexed herewith and marked as Annexure P-

11.

28.05.2019 That the Accused/Respondent moved a regular

bail application no. 16/2019 U/s 439 Cr.P.C

before the Special Court of POCSO whereby the

Ld. Trial Court vide its well-reasoned order

dated 28.05.2019 was pleased to reject the bail

application of the Accused/Respondent no.1

considering the gravity of heinous offence U/s

302 IPC R/w section 5m./6/18 of POCSO Act,

2012 as well as the material evidence on record.

True translated copy of the order dated

28.05.2019 passed by the Ld. Trial Court in Bail

Application no. 16/2019 U/s 439 Cr.P.C is

annexed herewith and marked as Annexure P-

12.

16.06.2019 That on 16.06.2019, the Doctors who conducted

the post mortem of the deceased on 10.02.2019

gave his opinion on the cause of death of

deceased Saddam is Asphyxia on the basis of

chemical analysis of visera of the deceased

Saddam. True typed copy of the relevant portion

of part of the Port Mortem report where opinion

of doctors for death of the deceased Saddam is


mentioned is annexed herewith and marked as

Annexure P-13.

15.07.2019 That after rejecting the regular bail application

of the Accused by the Ld. Trial Court vide its

well-reasoned order dated 28.05.2019, the

Accused/Respondent preferred the SB Criminal

Miscellaneous Bail Application No.7197/2019

U/s 439 Cr.P.C before the Hon’ble High Court

for Judicature of Rajasthan at Jodhpur whereby

the Hon’ble High Court vide its impugned order

dated 15.07.2019 has been pleased to release

the Accused/Respondent no.1 on bail. It is

submitted that despite being accused of such a

heinous offence punishable U/s 302 IPC R/w

section 5(m), 6, 18 of POCSO Act 2012, the

Hon’ble High Court has been failed to consider

the gravity/seriousness of the offence

committed by the Accused/Respondent no.1

while releasing him on bail by passing a

unreasoned impugned order against a well-

reasoned order rejecting the bail application of

the Accused/Respondent no.1 by the Ld. Trial

Court. It is respectfully submitted that while

enlarging the accused on bail, the Honourable

High Court has not passed any reasoned order


as per the settled law laid down by this Hon’ble

Court in catena of Judgments while setting

aside the unreasoned bail order passed by the

various High Courts time to time.

16.07.2019 That the Ld. Trial Court after considering the

material evidence on record against the

Accused/Respondent no.1, has been pleased to

frame the charge U/s 302 IPC R/w sections

5(m)/6/18 of POCSO Act, 2012 in session case

no. 09/19 in FIR No. 0006/2019 dated

10.02.2019 U/s 302 IPC lodged at police station

Sam, District Jaisalmer, Rajasthan and

subsequently set the Trial of the case in motion

against the Accused/Respondent no.1. True

translated copy of court proceeding dated

16.07.2019 where charge has been framed

against the Accused/Respondent no.1 is

annexed herewith and marked as Annexure P-

14.

20.07.2019 That on 17.07.2019 immediately after release on

bail, the Accused/ Respondent no.1 attempted

to kidnap and threatened the main material

witness of the case namely Rafiq Khan for

which a written complaint was submitted to the

police station on 17.07.2019 by Rafiq Khan and


after initial investigation of the incident, an FIR

no.30 dated 20.07.2019 U/s 365/511 IPC has

been lodged at police station Sam, District

Jaisalmer against the Accused/Respondent no.1

by Rafiq Khan and investigation of the said case

is still going on. True translated copy of the

written complaint dated 17.07.2019 and FIR

no.30 dated 20.07.2019 U/s 365/511 IPC

lodged at police station Sam, District Jaisalmer

is annexed herewith and marked as Annexure

P-15 and Annexure P-16.

_.08.2019 Hence the present Special Leave Petition

(Criminal) before this Hon’ble Court.


IN THE SUPREME COURT OF INDIA
[CRIMINAL APPELLATE JURISDICTION]
SPECIAL LEAVE PETITION (CRL.) No. OF 2019
WITH PRAYER FOR INTERIM RELIEF
[Against the final judgment & order dated 15-7-2019 passed by
the Hon’ble High Court of Judicature for Rajasthan at Jodhpur
in S.B. Criminal Misc. Bail Application No.7197 of 2019]
BETWEEN

POSITIO
N OF
PARTIES
IN THE IN THE IN THIS
TRIAL HIGH COURT
COURT COURT
Fakiro Khan , Not A party Not-A- Petitioner
Party
S/o Kaji Khan
R/o – Village- Kaji Ki Dhani
P.S. - Sam,
District- Jaisalmer
(Rajasthan )
//VERSUS/
/
1 Latif Khan Accused Applicant Contestin
. g
S/o Shri Kunde Khan, Responde
B/c Musalman, nt No.1

R/o-Village- Kaji ki Dhani,


P.S. Sam, District-
Jaisalmer (Rajasthan)
2 State of Rajasthan Prosecution Responde Contestin
. nt g
Through PP, Responde
Department of Home, nt No.2

State Secretariat Jaipur


(Rajasthan)

A PETITION UNDER ARTICLE 136 OF THE CONSTITUTION


OF INDIA
To,
The Hon’ble Chief Justice of India and his Companion Justices of
the Supreme Court of India, New Delhi
The Humble Petition
of the
Petitioner above named.
MOST RESPECTFULLY SHOWETH:

1. That the petitioner prefers the present Special Leave

Petition (Criminal) against the final judgment & order

dated 15-7-2019 passed by the Hon’ble High Court of

Judicature for Rajasthan at Jodhpur in S.B. Criminal

Misc. Bail Application No.7197 of 2019, whereby the

Hon’ble High Court has been pleased to allow the bail

application of the Respondent no.1 herein.

2. QUESTION OF LAW: -

That the impugned judgment raises the following questions

of law, which deserve consideration of this Hon’ble Court:

A. Whether the Hon’ble High Court has been judiciary

erred in not appreciating the reasoned order dated

28.05.2019 passed by the Ld. Trial court while rejecting

the bail application of the Accused/Respondent no.1


and ordered the release of the Accused/Respondent

no.1 on bail by passing impugned unreasoned non

speaking order.

B. Whether while enlarging the accused on bail, the

Honourable High Court has been failed to pass a

reasoned speaking order as per the settled law laid

down by this Hon’ble Court in catena of Judgments

while setting aside the unreasoned bail order passed by

the various High Courts time to time.

C. Whether the impugned order in question passed by the

Honble High Court of Judicature for Rajasthan at

Jodhpur is liable to be set aside by this Honourable

court for being an non speaking order and without

appreciating the material evidence on record as

appreciated by the Ld. Trial Court while rejecting the

bail application of the Accused/Respondent no.1.

D. Whether the impugned order is liable to be set aside in

view of the fact that immediately after releasing from jail

on bail, the Accused has threatened and attempted to

kidnap the main material witness of the case for which

FIR has already been lodged and investigation is under

way and will try to temper/influence the other material

evidence/witness during the trial if his bail order is not

cancelled and he is not taken in custody again.


E. Whether the impugned order passed by Hon’ble High

Court is wrong in view of the Judgment passed by this

Hon’ble Court in the matter of Omar Usman Chamadia

v. Abdul and Anr., JT (2004) 2 SC 176, Ram Govind

Upadhyay Vs. Sudarshan Singh & Ors. (2002) 3 SCC

598 apart from many other judgments.

3. DECLARATION IN TERMS OF RULE 2 (2)

The Petitioner states that he has not filed any other

petition seeking leave to appeal earlier before this Hon’ble

Court against the final judgment & order dated 15-7-2019

passed by the Hon’ble High Court of Judicature for

Rajasthan at Jodhpur in S.B. Criminal Misc. Bail

Application No.7197 of 2019

4. DECLARATION IN TERMS OF RULE- 4:

The Annexures-P/1 to P/ 13 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 Courts below against which order the leave

to appeal is sought for in this petition.

5. GROUNDS

That the Petitioner is filing the present Special Leave

Petition on the following grounds amongst other:

GROUNDS
A. It is respectfully submitted that the Hon’ble High Court has

been judiciary erred in not appreciating the reasoned order

dated 28.05.2019 passed by the Ld. Trial court while

rejecting the bail application of the Accused/Respondent

no.1 and ordered the release of the Accused/Respondent

no.1 on bail by passing impugned unreasoned non

speaking order.

B. It is respectfully submitted that while enlarging the accused

on bail, the Honourable High Court has not passed any

reasoned order as per the settled law laid down by this

Hon’ble Court in catena of Judgments while setting aside

the unreasoned bail order passed by the various High

Courts time to time.

C. It is respectfully submitted that the Hon’ble High Court has

been failed to appreciate that one 13 years old school going

minor son (deceased) of the petitioner was subjected to

attempt of unnatural sex by the Accused/Respondent no.1

and due to fear of arrest on raising the voice by the

deceased, he was murdered by putting cloths on his mouth

and noise. It is submitted that despite being accused of

such a heinous offence punishable U/s 302 IPC R/w

section 5(m), 6, 18 of POCSO Act 2012, the Hon’ble High

Court has been failed to consider the gravity/seriousness of

the offence committed by the Accused/Respondent no.1

while releasing him on bail by passing a unreasoned


impugned order against a well-reasoned order rejecting the

bail application of the Accused/Respondent no.1 by the Ld.

Trial Court.

D. It is therefore respectfully submitted that the impugned

order in question passed by the Honble High Court of

Judicature for Rajasthan at Jodhpur is liable to be set

aside by this Honourable court for being an non speaking

order and without appreciating the material evidence on

record as appreciated by the Ld. Trial Court while rejecting

the bail application of the Accused/Respondent no.1. It is

respectfully submitted that the reasoned order is one of the

very basic requirement of natural justice.

E. It is respectfully submitted that the impugned order is

liable to be set aside in view of the fact that immediately

after releasing from jail on bail, the Accused has threatened

and attempted to kidnap the main material witness of the

case for which FIR has already been lodged and

investigation is under way and will try to temper/influence

the other material evidence/witness during the trial if his

bail order is not cancelled and he is not taken in custody

again.

F. It is pertinent to mention that the Hon’ble High Court has

been failed to put any condition upon the

Accused/Respondent no.1 to ensure the free and fair trial


of the case in question while releasing the

Accused/Respondent no.1 on bail due to which the

Accused/Respondent no.1 dare to commit another offence

immediately after his release on bail via attempt to kidnap

and threatened the main material witness of the case

namely Rafiq Khan for which an FIR no.30 dated

20.07.2019 U/s 365/511 IPC has been lodged at police

station Sam, District Jaisalmer against the

Accused/Respondent no.1 by Rafiq Khan.

G. It is respectfully submitted that the Hon’ble High Court has

been failed to appreciate the cause of death as opined by

the board of doctors after receiving the FSL Report of the

Visera of the deceased Saddam which corroborates and

strengthen the statement of the main material witness

namely Rafiq Khan against the Accused/Respondent no.1.

H. It is respectfully submitted that the impugned order

passed by Hon’ble High Court is wrong in view of the

Judgment passed by this Hon’ble Court in the matter of

Omar Usman Chamadia v. Abdul and Anr., JT (2004) 2 SC

176, Ram Govind Upadhyay Vs. Sudarshan Singh & Ors.

(2002) 3 SCC 598 apart from many other judgments.

6. GROUNDS OF INTERIM RELIEF


Because if the operation of the impugned order is not

stayed then the accused who has been released on bail

shall keep threatening and tempering the evidence and this


may endanger the safety of the Petitioner and witnesses of

the case and adversary effect the trial as for saving himself

from being punished in the present case the

accused/Respondent no.1 may commit another offence too.

7. MAIN PRAYER

For the facts, circumstances and grounds set out herein

above, it is respectfully prayed that this Hon’ble Court be

pleased to::

a) Grant Special Leave to Appeal against the final

judgment & order dated 15-7-2019 passed by the

Hon’ble High Court of Judicature for Rajasthan at

Jodhpur in S.B. Criminal Misc. Bail Application

No.7197 of 2019; and

b) Pass such other or further orders which this

Hon’ble Court deems just and proper in the ends

of justice and in the circumstances of this case.

8. INTERIM PRAYER

For the facts, circumstances and grounds set out herein

above, it is respectfully prayed that this Hon’ble Court be

pleased to::

c) Grant an ad interim ex-parte stay the operation of

final judgment & order dated 15-7-2019 passed

by the Hon’ble High Court of Judicature for

Rajasthan at Jodhpur in S.B. Criminal Misc. Bail

Application No.7197 of 2019; and


d) Pass such other or further orders which this

Hon’ble Court deems just and proper in the ends

of justice and in the circumstances of this case.

AND FOR THIS ACT OF KINDNESS AND JUSTICE, YOUR

PETITIONER, AS IN DUTY BOUND, SHALL EVER PRAY.

Filed on: -8-2019 Filed by

(S.R.SETIA)
Advocate for the
Petitioner
IN THE SUPREME COURT OF INDIA
[CRIMINAL APPELLATE JURISDICTION]
SPECIAL LEAVE PETITION (CRL.) No. OF 2019

IN THE MATTER OF:


Fakiro Khan .....………Petitioner

//VERSUS//
Latif Khan & Anr. ....……Respondents

CERTIFICATE

Certified that the Special Leave Petition [Crl.] is confined

only to the pleadings before the Court/ whose order is

Challenged and the other documents relied upon in those

proceedings. No additional facts, documents or grounds have

been taken therein or relied upon in the Special Leave Petition. It

is further certified that the copies of the document/ Annexures

attached to the Special Leave Petition are necessary to answer

the questions 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 the

instructions given by the petitioner/ person authorized by the

petitioner whose Affidavit is filed in support of the S.L.P.

FLED BY

FILED ON: -8 -2019

(S.R.SETIA)

ADVOCATE FOR THE PETITIONER


IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRL. M.P. No. OF 2019
IN
SPECIAL LEAVE PETITION (CRL.) No. OF 2019
[Against the final judgment & order dated 15-7-2019 passed by
the Hon’ble High Court of Judicature for Rajasthan at Jodhpur
in S.B. Criminal Misc. Bail Application No.7197 of 2019]

IN THE MATTER OF :-
Fakiro Khan ....………Petitioner

//VERSUS//
Latif Khan & Anr. ..……Respondents

AN APPLICATION FOR PERMISSION TO FILE SPECIAL LEAVE

PETITION AGAINST THE IMPUGNED ORDER DATED 15-07-

2019 AS THE PETITIONER WAS NOT PARTY BEFORE THE

HON’BLE HIGH COURT OF JUDICATURE FOR RAJASTHAN

AT JODHPUR.

To,

The Hon’ble the Chief Justice of India and his Companion

Justices of the Supreme Court of India

The Humble petition of the

Petitioners above-named

MOST RESPECTFULLY SHEWETH:

1. That the petitioner has preferred the present Special Leave

Petition against the final judgment & order dated 15-7-


2019 passed by the Hon’ble High Court of Judicature for

Rajasthan at Jodhpur in S.B. Criminal Misc. Bail

Application No.7197 of 2019, whereby the Hon’ble High

Court has been pleased to allow the bail application of the

Respondent no.1 herein and subsequently the Respondent

no.1/Accused was released on bail.

2. It is pertinent to mention that the Hon’ble High Court has

been failed to put any condition upon the

Accused/Respondent no.1 to ensure the free and fair trial

of the case in question while releasing the

Accused/Respondent no.1 on bail due to which the

Accused/Respondent no.1 dare to commit another offence

immediately after his release on bail via attempt to kidnap

and threatened the main material witness of the case

namely Rafiq Khan for which an FIR no.30 dated

20.07.2019 U/s 365/511 IPC has been lodged at police

station Sam, District Jaisalmer against the

Accused/Respondent no.1 by Rafiq Khan.

3. It is respectfully submitted that the Petitioner is the father

of the deceased/victim who was just 13 years old minor son

of the Petitioner and was subjected to attempt of unnatural

sex and murdered by the Respondent no.1/Accused.

4. It is respectfully submitted that the Petitioner was not

made party by the Respondent no.1/Accused before the


Hon’ble High Court in the Bail application even the Hon’ble

High Court did not give any opportunity to the Petitioner to

oppose the bail application filed of the Respondent

no.1/Accused and the Petitioner is adversely effected by

the non speaking order granting bail to the Respondent

no.1/Accused by the Hon’ble High Court vide impugned

order dated15.07.2019.

5. That being aggrieved the Petitioner has filed the

accompanying Special Leave Petition against the impugned

judgment and order dated 15.07.2019 and therefore the

Petitioner is filing the present application seeking

permission to file the accompanying Special Leave Petition.

6. That the Petitioner is the father of the deceased Saddam in

the case and is adversely effected by the impugned

judgment and order dated 15.07.2019 and thus entitled to

file the accompanying Special Leave Petition inspite of not

being a party to the bail application before the Hon’ble High

Court.

7. That this application is being made bonafide and in the

interest of justice.

PRAYER

It is, therefore, most respectfully prayed that this Hon’ble Court

may be pleased to:


a. permit the non petitioner to file the accompanying Special

Leave Petition against the impugned judgment and order

15-7-2019 passed by the Hon’ble High Court of Judicature

for Rajasthan at Jodhpur in S.B. Criminal Misc. Bail

Application No.7197 of 2019;

b. Pass such other and further order/or orders as this Hon’ble

Court may deem fit and proper in the facts and

circumstances of the present case.

AND FOR THIS ACT OF KINDNESS THE PETITIONER AS IN


DUTY BOUND SHALL EVER PRAY.

Filed on: -8-2019 FILED BY

(S.R.SETIA)

Advocate of the petitioners


IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRL. M.P. No. OF 2019

IN

SPECIAL LEAVE PETITION (CRL.) No. OF 2019

IN THE MATTER OF :-

Fakiro Khan ....………Petitioner

//VERSUS//
Latif Khan & Anr. ..……Respondents

AN APPLICATION FOR EXEMPTION TO FILE THE CERTIFIED


COPY OF THE IMPUGNED JUDGEMENT/ORDER DATED
15.07.2019 PASSED BY THIS HON’BLE COURT

To,

The Hon’ble the Chief Justice of India And His Companion


Justices of the Supreme Court of India

The Humble petition of the


Petitioners above-named

MOST RESPECTFULLY SHOWETH:-


1. That the petitioner has preferred the present Special Leave

Petition against the final judgment & order dated 15-7-

2019 passed by the Hon’ble High Court of Judicature for

Rajasthan at Jodhpur in S.B. Criminal Misc. Bail

Application No.7197 of 2019, whereby the Hon’ble High

Court has been pleased to allow the bail application of the

Respondent herein.
2. That the certified copy of the impugned judgment dated

06.06.2016 passed by this Hon’ble Court is not available

with the Petitioner at this stage.

3. That to avoid any further delay in the hearing of this

special leave petition the Petitioner is filing a true copy of

the said order and pray that the petitioner may be

exempted from filing a certified copy of the said order

alongwith the accompanying Special Leave Petition.

PRAYER

It is, therefore, most respectfully prayed that this Hon’ble Court

may graciously be pleased to:-

a) Exempt the petitioner from filing the Certified copy of the

Judgment/order dated 15-7-2019 passed by the Hon’ble High

Court of Judicature for Rajasthan at Jodhpur in S.B. Criminal

Misc. Bail Application No.7197 of 2019.

b) pass any other or further orders as may be deemed fit and

proper in the Circumstances of the Case.

AND FOR THIS ACT OF KINDNESS THE PETITIONER AS IN

DUTY BOUND SHALL EVER PRAY.

Filed by,

Filed on: -8-2019


(S.R. Setia)
Advocate for the
petitioner

IN THE SUPREME COURT OF INDIA


CRIMINAL APPELLATE JURISDICTION

CRL. M.P. No. OF 2019

IN

SPECIAL LEAVE PETITION (CRL.) No. OF 2019

IN THE MATTER OF :-

Fakiro Khan ..………Petitioner

//VERSUS//
Latif Khan & Anr. ..……Respondents

AN APPLICATION FOR EXEMPTION FROM FILING OFFICIAL

TRANSLATION OF ANNEXURES P-1 to P-15 ANNEXED TO

THE SPECIAL LEAVE PETITION.

To,
The Hon’ble the Chief Justice of India and His Companion
Justices of the Hon’ble Supreme Court of India.

The humble petition of the

Petitioner above-named
MOST RESPECTFULLY SHOWETH:

1. That the petitioner has preferred the present Special Leave

Petition against the final judgment & order dated 15-7-

2019 passed by the Hon’ble High Court of Judicature for

Rajasthan at Jodhpur in S.B. Criminal Misc. Bail

Application No.7197 of 2019, whereby the Hon’ble High

Court has been pleased to allow the bail application of the

Respondent herein.
2. That since the original of Annexures P-1 to P -15 is in

Hindi/hand written, the petitioner in order to avoid any

delay in the hearing of the case has got the same

translated/typed through his local counsel and is filing the

true English translation/typed copy thereof and prays that

he may be exempted from filing this annexure translated

officially.

PRAYER

It is, therefore, most respectfully prayed that this Hon’ble

Court may

graciously be pleased to:-

a) exempt the petitioner from filing the Official Translation

of Annexures P-1 to P-15 ; and

b) pass any other or further orders as may be deemed fit

and proper in the Circumstances of the Case.

AND FOR THIS ACT OF KINDNESS THE PETITIONER AS IN

DUTY BOUND SHALL EVER PRAY.

Filed on: -8-2019

FILED BY

(S.R.Setia)

Advocate of the Petitioner


IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRL. M.P. No. OF 2019

IN

SPECIAL LEAVE PETITION (CRL.) No. OF 2019

IN THE MATTER OF :-

Fakiro Khan ..………Petitioner

//VERSUS//
Latif Khan & Anr. ..……Respondents

AN APPLICATION SEEKING PERMISON TO FILE ADDITIONAL

DOCUMENTS AS ANNEXURE P-14 AND P-15 ALONGWITH

THE ACCOMPANYING SPECIAL LEAVE PETITION

To,
The Hon’ble the Chief Justice of India and His Companion
Justices of the Hon’ble Supreme Court of India.

The humble petition of the

Petitioner above-named
MOST RESPECTFULLY SHOWETH:

1. That the petitioner has preferred the present Special Leave

Petition against the final judgment & order dated 15-7-

2019 passed by the Hon’ble High Court of Judicature for

Rajasthan at Jodhpur in S.B. Criminal Misc. Bail

Application No.7197 of 2019, whereby the Hon’ble High


Court has been pleased to allow the bail application of the

Respondent herein.

3. That after passing of the impugned judgment and order

dated 15.07.2019 by the Hon’ble High Court, the Ld. Trial

Court has been pleased to frame the charge against the

Accused/Respondent no.1 vide order dated 16.07.2019 in

the case in question which is a very relevant document and

marked as Annexure P-14 for consideration of this Hon’ble

Court while hearing of the present accompanying Special

Leave Petition.

4. That immediately after released on bail vide impugned

order dated 15.07.2019, the Respondent no.1/Accused has

attempted to kidnap and threatened one of the main

material witness of the case on 17.07.2019 for which

incident an FIR no. 30 dated 20.07.2019 has been

registered by witness Rafiq Khan at police station Sam

District Jaisalmer which is also a very relevant document

and marked as Annexure P-15 to be considered by this

Hon’ble Court while hearing of the accompanying Special

Leave Petition.

5. That Annexure P-14 and Annexure P-15 are very relevant

and related to the subsequent development after passing of

the impugned order dated 15.07.2019 and thus the

petitioner is seeking leave of this Hon’ble Court to place the

same before this Hon’ble Court alongwith the

accompanying Special Leave Petition.


PRAYER

It is, therefore, most respectfully prayed that this Hon’ble

Court may graciously be pleased to:-

a) allow the present application and take the Annexure P-

14 and Annexure P-15 on record and considered the same

while hearing the accompanying Special Leave Petition.

b) pass any other or further orders as may be deemed fit

and proper in the Circumstances of the Case.

AND FOR THIS ACT OF KINDNESS THE PETITIONER AS IN

DUTY BOUND SHALL EVER PRAY.

Filed on: -8-2019

FILED BY

(S.R.Setia)

Advocate of the Petitioner


IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR

CASE:-CRIMINAL MISC. BAIL APPLICATION NO.7197 OF


2019

MEMO OF PARTIES

Latif Khan …….Petitioner


S/o Kunde Khan,
R/o- Village- Kaji ki Dhani,
P.S. Sam, District- Jaisalmer,
Rajasthan

//Versus//

. State of Rajasthan.
Through Public Prosecutor, …….Respondent

Filed on -8 -2019 Filed by

(S.R.SETIA)
Advocate for the petitioner
in Supreme Court of India
APPENDIX

INDIAN PENAL CODE

302. Punishment for murder.—whoever commits murder shall

be punished with death, or 1[imprisonment for life], and shall

also be liable to fine.

365.:Kindnapping or abducting with intent secretly and

wrongfully to confine person : Whoever kidnaps or abducts any

person with intent to cause that person to be secretly and

wrongfully confined, shall be punished with imprisonment of

either description for a term which may extent to seven years,

and shall also be liable to fine.

511.: Punishment for attempting to commit offences

punishable with imprisonment for life or other

imprisonment.- Whoever attempts to commit an offence

punishable by this Code with (imprisonment for life) or

imprisonment, or to cause such an offence to be committed, and

in such attempt does any act towards the commission of the

offence, shall, where no express provision is made by this code

for the punishment of such attempt, be punished (with

imprisonment of any description provided for the offence, for a

term which may extend to one -half of the imprisonment for life

or as the case may be on half of the longest term of

imprisonment provided for that offence) or with such fine as is

provided for the offence or with both.

POCSO ACT, 2012 (as Amended)


5. Aggravated penetrative sexual assault

5(m).: Whoever commits penetrative sexual assault on a child

below twelve years; or

6.Punishment for aggravated penetrative sexual assault :

Whoever, commits aggravated penetrative sexual assault, shall

be punished with rigorous imprisonment for a term which shall

not be less than ten years but which may extend to

imprisonment for life and shall also be liable to fine.

18.Punishment for attempt to commit an offence: Whoever

attempts to commit any offence punishable under this Act or to

cause such an offence to be committed, and in such attempt,

does any act towards the commission of the offence, shall be

punished with imprisonment of any description provided for the

offence, for a tem which may extend to one-half of the

imprisonment for life or, as the case may be, one-half of the

longest term of imprisonment provided for that offence or with

fine or with both.

CODE OF CRIMINAL PROCEDURE, 1973

439: Special powers of High Court or Court of Session

regarding bail- : (1) A High Court or Court of Session may direct-

(a) that any person accused of an offence and in custody be

released on bail, and if the offence is of the nature specified

in sub-section (3) of section 437, may impose any condition

which it considers necessary for the purposes mentioned in

that sub-section;
(b) that any condition imposed by a Magistrate when releasing

any person on bail be set aside or modified:

Provided that the High Court or the Court of Session shall,

before granting bail to a person who is accused of an

offence which is triable exclusively by the Court of Session

or which, though not so triable, is punishable with

imprisonment for life, give notice of the application for bail

to the Public prosecutor unless it is, for reasons to be

recorded in writing, of opinion that it is not practicable to

give such notice.

(2) A High Court or Court of Session may direct that any

person who has been released on bail under this Chapter

be arrested and commit him to custody.

//True copy//
SECTION II

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

SPECIAL LEAVE PETITION (CRL.) NO. 1278 OF 2017

IN THE MATTER OF ::
Aman Tiwari ……
Petitioner/Applicant
//VERSUS//
Malkhan Singh & Anr. .. ..……
Respondents
INDEX OF FILING

S.No. DESCRIPTION COPIES COURT


FEES
1. FILING OF THE 1 + 3
APPLICATION FOR
DIRECTION ON BEHALF OF
THE APPELLANTS
2. 1 + 3
ANNEXURE-A/ 1 to A/
3. Crl. M.P.No. /2017 [An 1 + 3
application for Exemption
from filing O.T. with affidavit.

10.

(S.R. SETIA ) Code


No. 714
Advocate for the
petitioner
New Delhi. 323, New Lawyers
Chamber’s
Dated: -4- 2017 Supreme Court of
India
Ph:
2307006