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Dr. Shivraj S/O Namdeo Gaikwad (Lalikar) v. State of Maharashtra

Criminal Appeal · Neutral citation not assigned (Criminal Appeal No. 1257 of 2015)Decided 21 Sept 2015
Criminal Appeal No. 1257 of 2015
Justice Anil R. Dave · Justice Adarsh Kumar Goel

Background

The appellant had challenged a final judgment and order dated 22.07.2015 passed by the Bombay High Court's Aurangabad Bench (in Criminal Application No. 2130/2015). The Supreme Court had earlier, on 20 August 2015, granted the appellant ad-interim relief pending the appeal. By the time of the final hearing on 21 September 2015, the Court was persuaded to grant leave and finally decide the appeal.

Decision Breakdown

The Court granted leave, made the earlier ad-interim relief absolute, and disposed of the appeal as allowed to that extent. The order records that the appellant's counsel undertook that the appellant would extend his cooperation to the Investigating Officer, effectively confirming that the appellant's interim protection against the impugned High Court order would now continue permanently, subject to cooperating with the ongoing investigation.

Lesson Learnt

An "ad-interim" order (temporary relief pending final hearing) can become a party's permanent protection once the appeal is finally heard and allowed, but courts can still condition such relief on continued cooperation with the investigation, rather than making it entirely unconditional.

Official source (sci.gov.in)View Judgment (PDF)

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