LAWS(CAL)-2017-1-26

IN THE MATTER OF SAYANTAN CHATTERJEE Vs. STATE

Decided On January 13, 2017
In The Matter Of Sayantan Chatterjee Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) The petitioner, apprehending arrest in connection with New Town P.S. Case no. 332/2014 under Sec. 279/304A/337/ 427 I.P.C. with added Sec. 304 I.P.C., has approached this court for pre-arrest bail.

(2.) We have heard the Ld. Advocates of both the parties and the Ld. Counsel for the State at length.

(3.) On 22.12.2016 in absence of Mr. Y.Z. Dastoor, the ld. Senior Counsel for the de facto complainant Mr. Phiroze Edulji iterated that during the course of hearing of this application for anticipatory bail orders passed by the Court on day-to-day were not uploaded in the Court's website on time and that is tantamount to travesty of justice. The ld. Advocate in support of his contention referred to a decision of the Apex Court in M/s. Gada Properties Private Limited Vs. The Municipal Corporation of Greater Bombay and Ors. After carefully going through the aforesaid decision we do not find that the Honourable Apex Court held that not uploading day to day interim orders not touching the merits of the case in any way is tantamount to travesty of justice. After going through the copy of the decision placed before us what we find is that the Honourable Apex Court granted permission to file special leave petition without certified as well as plain copy of the impugned judgment that was not available even 2 and 1/2 months after. Although it was not at all relevant for our discussion to decide the merits of the present application but since the point was raised we felt it necessary to consider the same.