IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 90  OF 2009                (Arising out of SLP(Crl.) 1505/2008)

Phiroz Ibrahim Khan ...Appellant(s)

Versus

Ismail Ibrahim Sayeed & Anr. ...Respondent(s)

          WITH

            CRIMINAL APPEAL NO. 91 OF 2009             (Arising out of SLP(Crl.) No. 1647/2008)

State of Maharashtra                         ...Appellant(s)

 versus

Ismail Ibrahim Sayeed                       ... Respondent(s) O R D E R

Leave granted.

These  two  appeals  have  been  filed  by  the  State  and  by  the  complainant

against order, dated December 27, 2007, passed by the High Court of judicature at

Bombay  in  Criminal  Application  No.  4145  of  2007,  whereby  the  High  Court  has

granted  anticipatory bail to the respondent-Ismail Ibrahim Sayeed.

Accordingly to the appellants, since there are serious allegations against the

respondent in the charge-sheet, the High Court erred in granting anticipatory bail to

him.

..2/-

Crl.As.90 & 91/2009..contd..

: 2 :

Learned counsel for the respondent, on the other  hand, while supporting the

order passed by the High Court, has submitted that the incident had taken place due to

business rivalry and further no specific role having been attributed to the respondent,

the High Court was justified in granting  anticipatory bail to the respondent. Learned

counsel has pointed out that during the pendency of these appeals, the  respondent had

moved an application for grant of regular bail before the trial Court.  However, the

said application was opposed by the complainant,  inter alia,  on the ground  that the

order  granting  anticipatory bail  to  the  respondent  had been challenged before  this

Court and the special leave petitions were pending.  Taking note of the said fact, the

trial Court has declined to entertain the application filed by the respondent for grant of

bail.  A copy of order dated October 17, 2008, has been  placed on record.

Bearing in mind the fact that the charge-sheet has already been filed against

the respondent and the trial  Court is seized of the matter, we feel that it  would be

appropriate if the respondent is permitted to  file  a fresh application before the trial

Court for grant of regular bail.

..3/-

Crl.As. 90 & 91/2009....contd...

: 3 :

Accordingly,  we  dispose  of  the appeals  with  liberty  to the   respondent  to

apply for regular bail before the trial Court within two weeks from the receipt of the

copy of this order.  As and when such an application is preferred, the same shall be

considered on its own merits, uninfluenced by order dated December 27, 2007, passed

by the High Court, granting anticipatory bail to the said respondent. We further direct

that the  order passed by the High Court, impugned in these appeals, shall remain in

force till respondent's application for grant of regular bail is disposed of.  The trial

Court would do will to dispose of the bail application expeditiously, preferably within

four weeks of its presentation.

                        ....................J.               [ D.K. JAIN ]

                  ...................J.                                         [ R.M. LODHA ] New Delhi, January 19, 2009.