2026 (2) TMI 1400

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....ankar, Adv. M/s Dharmaprabhas Law Associates, AOR Mr. Aman Prasad, Adv. M/s Dharmaprabhas Law Associates, AOR For the Respondent : Mr. Mahesh Jethmalani, Sr. Adv. Mr. Vivek Sharma, AG Mr. Ravi Sharma, DAG Ms. Madhulika Rai Sharma, Adv. Mr. Apoorv Shukla, AOR Ms. Prabhleena Shukla, Adv. Mr. Praphull Kumar, Adv. Mr. Suryaprakash V. Raju, A.S.G. Mr. Zoheb Hussain, Adv. Mr. Akshay Amritanshu, Adv. Ms. Rajeshwari Shankar, Adv. Mr. Animesh Upadhyay, Adv. Mr. Arvind Kumar Sharma, AOR Ms. Anushka Gupta, Adv. Ms. Aakriti Mishra, Adv. Ms. Tuhina Mishra, Adv. Mr. Shyam Bhageria, Adv. Ms. Divya S. rao, Adv. ORDER SLP (Criminal) No. 16980/2025 1. The petitioner herein was the Excise Minister in the State of Chhattisgarh from 2019-2025. FIR N....

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....ahesh Jethmalani, learned senior counsel representing the State of Chhattisgarh. 4. What emerges is that in the case registered by the EOW/ACB, seven chargesheets/prosecution complaints have already been filed against 37 accused persons, including the petitioner. These chargesheets/prosecution complaints include Chargesheet No.03(C)/2025 dated 27.06.2025 filed against the petitioner. He has also been subjected to custodial interrogation intermittently. It is also alleged that evidence and documents have been collected and sent for forensic or other laboratories for seeking expert opinion to further substantiate the allegations of embezzling illicit money or indulging in corruption by the petitioner. 5. It may, thus, be seen that the p....

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....ers which fall under their domain, ought to be given free hand along with reasonable time for completion of the ongoing investigation. 9. On the one hand, thus, it is the right of the prosecution to have an uninterrupted right to proceed with the ongoing investigation and on the other hand, it is the right of the petitioner to plead liberty, who has urged that he has already spent more than a year in custody. The petitioner is ready and willing to continue to cooperate with the ongoing investigation, and has pleaded that indefinite incarceration may lead to infringement of his right enshrined under Article 21 of the Constitution. 10. Balancing the competitive claims asserted by both sides, we issue the following interim directions at ....

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....and/or if during the period when chargesheets/prosecution complaints have been filed and/or the Court takes cognizance against him, an appropriate decision shall be taken by the learned Speaker of the State Assembly. We do not express any opinion in relation thereto. (viii) The petitioner, while entitled to participate in public events/functions, shall refrain from making any statement with respect to the allegations which are either subject matter of chargesheets/prosecution complaints under consideration before the Court or which are under investigation. This, however, will not cause any impediment for the petitioner or his counsel to assail such allegations/charges before any judicial forum. (ix) The petitioner shall no....