Final Order 3

Order Details: COPY OF ORDER
Pdf Text: IN THE COURT OF MS. NIRJA BHATIA, SPECIAL JUDGE, PC
ACT (CBI)03, ROUSE AVENUE DISTRICT COURT, NEW DELHI
CBI Vs. S. Eswara Reddy & Ors.
RC 0032033A0037
Misc. DJ ASJ 95/2022
Bail Matters 164/2022
Bail Matters 165/2022
Bail Matters 171/2022
Bail Matters 174/2022
Bail Matters 179/2022
19.07.2022
Pr. : Sh. Praneet Sharma, Sr. PP for CBI alongwith IO Sh. Pushpender
Parsasar.
Sh. Arun Khatri, ld. Counsel for A1 S. Eswara Reddy.
Sh. Mahesh Agarwal, Sh. Rishi Agrawala and Sh. Shubham
Kulshreshtha, ld. Counsels for A2 Praveen Kumar L.
Sh. Rajat Mathur and Sh. Udhbav Sinha, ld. Counsels for A3 Dinesh
Dua.
Ms. Suruchi Suri, Sh. Varun Singh Thapa and Ms. Shreya Bhardwaj,
ld. Counsel for ld. Counsels for A4 Guljit Sethi..
Sh. Srikant Prasad, ld. Counsel for A5 Animesh Kumar.
Application seeking the medical record by A3 Dinesh Dua (A3) is
heard. Reply is not filed by the prosecution and no objection is stated.
CBI Vs. S. Eswara Reddy & Ors. RC 0032033A0037 1/3
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Let the medical record be supplied to the applicant Dinesh Dua. As
qua the report of the Medical Board, AIIMS same is addressed to the Court
and is part of judicial record, liberty is given for its inspection as none of
the record is sealed.
Application is accordingly disposed of.
Another application had been also moved on behalf of A3 through
Counsel seeking expunging of certain remarks in Orders dated 07.07.2022
is heard. Prosecution has not filed any reply.
Apparently no provision is cited to support the application. The
errors are averred as typographical and Ld. Senior Counsel submits that, by
virtue of provisions in Section 362 CrPC the Court may
“assume” the power of correction. However, the interpretation of statutory
provision in the domain of criminal law and jurisprudence are subject
matter of strict interpretation and this court is not cited or shown to be
invested with such powers to extend the interpretation of an unambiguous
provision to a stage where none is provided as the same would tantamount
to a presumptuous exercise. Moreover, no infirmity of typographical nature
is observed, needing any correction. The ordersheet reflects the proceedings
and records. In view of aforesaid no ground is made out for the application.
Application is disposed of accordingly.
Vide separate order, application filed by prosecution seeking voice
sample of the accused persons stands disposed of.
CBI Vs. S. Eswara Reddy & Ors. RC 0032033A0037 2/3
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Vide separate common order, all the bail applications of
applicants/accused are dismissed.
Copy of the orders be given dasti.
(NIRJA BHATIA)
Special Judge (PC Act) CBI03,
RADC/New Delhi/19.07.2022
CBI Vs. S. Eswara Reddy & Ors. RC 0032033A0037 3/3
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