ITEM NO.

COURT NO.9 S U P R E M E

SECTION IIA

C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (Crl) No(s).7898/2013 (From the judgment and order dated 08/07/2013 in MCRC No.2806/2013 of the HIGH COURT OF CHHATTISGARH AT BILASPUR) LINGARAM KODOPI VERSUS STATE OF CHHATISGARH Respondent(s) (With office report) WITH SLP(Crl) NO. 7913 of 2013 (With appln.(s) for permission to file synopsis and list of dates and office report) Date: 12/11/2013 today. CORAM : These Petitions were called on for hearing Petitioner(s)

HON'BLE MR. JUSTICE SURINDER SINGH NIJJAR HON'BLE MR. JUSTICE FAKKIR MOHAMED IBRAHIM KALIFULLA Mr. Prashant Bhushan, Adv. Mr. Ramesh K. Mishra, Adv. Mr. Colin Gonsalves, Sr. Adv. Ms. Amiy Shukla, Adv. Ms. Jyoti Mendiratta, Adv. Mr. Mr. Ms. Mr. Mr. V.A. Mohta, Sr. Adv. A.P. Mayee, Adv. Bansuri Swaraj, Adv. Sanjeev Kr. Choudhary, Adv. Nilkant Nayak, Adv.

For Petitioner(s) SLP(CRL.)7898/13 SLP(CRL.)7913/13

For Respondent(s)

UPON hearing counsel the Court made the following O R D E R Although November, produced, with the in view the of our order, record officer assist dated has 1st

2013, but no

relevant

been

responsible who could

familiar Court

record,

the

Page No.1 of 4

in

examining

the

same who

is

present. unable to

Only assist

some the

police

officers

are

Court have produced the record.

Mr. appearing

V.A. for

Mohta, the

learned of

Senior

Counsel has

State

Chhatisgarh,

submitted that no officer could attend as they are all on election duty. an adjournment for two He, therefore, seeks weeks, so that the

concerned officer can attend the proceedings.

It has been stated by the learned counsel for the petitioners in of that the petitioner-Lingaram Petition in custody (Criminal) since 9
th

KodopiNo.7898

Special 2013 has

Leave been

September, 2011 and the

petitioner-Soni Sori in

Special Leave Petition (Criminal) No.7913 of 2013 has been in custody since 4th October, 2011. Since it is going to take some time before a

responsible officer can be present in Court in assisting the examination of the record, we are of the opinion the that it would of be the unjust to

continue

incarceration

petitioners

during the pendency of the applications for bail. We are also mindful of the fact that Soni Sori, petitioner in Special Leave Petition (Criminal) No.7913 of 2013 has been acquitted in five

earlier cases. Kodopi in

Similarly, Leave

petitioner Lingaram Petition (Criminal)

Special

No.7898 of 2013 was also acquitted in the ealier Page No.2 of 4

matter.

It has also been stated that B.K. Lala, has also been granted bail on 4th

co-accused

February, 2012.

In these circumstances, we are

of the opinion that it would be appropriate to direct interim that bail the petitioners the be released of in Mohta, the the view on bail the

during

pendency keeping V.A. for in

applications. submissions Senior made

However, by Mr.

learned of of

Counsel it

appearing would be

State

Chhatisgarh,

the

interests

justice to direct that the petitioners shall not enter the State of Chhatisgarh during the period in which they are granted interim bail. ordered accordingly. It is

At this stage, it has been brought to our notice by Mr. Colin Gonsalves, learned Senior

Counsel appearing for the petitioner in Special Leave petition (Criminal) No.7913 of 2013 and Mr. Prashant Bhushan, learned counsel appearing for the petitioner in Special Leave the petition

(Criminal) No.7898 of 2013 that

petitioners

have not met their families for a long time and it would be only humane if they are permitted to meet their families before they travel to Delhi.

In view of the above, we direct the concerned Senior Superintendent of Police to depute some responsible police officers to escort the

petitioners to their respective villages so that Page No.3 of 4

they can meet their families for a period of 24 hours. shall be On the following to in Once day, the petitioners They locality shall of be

escorted to reside

Delhi. any the

permitted choice in

their reach

Delhi.

petitioners

Delhi, they are directed to report to the Incharge of the local Police Station once a week. They shall report to the In-charge of the local Police Station every Sunday at 11.00 a.m. Let the matters stand over till 3 2013. We reiterate that it is necessary that some responsible entire officer who is familiar with the
rd

December,

investigation

should be present in Court

on the next date of hearing to explain the entire record to the Court and also to clarify any

doubts which may be raised by the learned counsel for the petitioners. This order shall be faxed and communicated to the Welfare Officer, Central Jail, Jagdalpur, and the concerned authority today

Chhatisgarh

itself for necessary action.

(VINOD LAKHINA) COURT MASTER

(INDU BALA KAPUR) COURT MASTER

Page No.4 of 4