High Court · 2025

CRL MP(MD)Nos. 9442, 9443 & 9444 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTCriminal Appellate JurisdictionThursday, the Twenty Fourth day of July Two Thousand and Twenty FivePRESENTThe HONOURABLE MR. JUSTICE K.K. RAMAKRISHNANCrl.MP(MD) Nos. 9442, 9443 & 9444 of 2025inCRL A(MD). Nos.472, 413 & 460 of 2019 The Inspector of Police, Central Bureau of Investigation, Special Crime Branch, Chennai. [RC 5, 6, 8/(S)/1994/ CBI/SCB/ Chennai] ... petitioner/Appellant[In Crl. MP(MD)No.9442 of 2025]The Inspector of Police, Central Bureau of Investigation, Special Crime Branch, Chennai. [RC 4/(S)/1994/ CBI/SCB/ Chennai]... petitioner/Appellant[In Crl. MP(MD)No.9443 of 2025]The Inspector of Police, Central Bureau of Investigation, Special Crime Branch, Chennai. [RC 7/(S)/1994/ CBI/SCB/ Chennai] ... petitioner/Appellant[In Crl. MP(MD)No.9444 of 2025] VsShri Salim Siraj GillaniS/o.Shri Mohammed Ali Samsudin Gillani... Respondent/Respondent/Accusedin all Crl Mps Common Prayer in Crl.MP(MD) Nos. 9442, 9443 & 9444 of 2025:Criminal Miscellaneus Petition filed under Section 431 of BNSS, praying toissue a Non-Bailable Warrant against the respondent/Accused Salim Siraj Gillani @Sirajali Gilani in CRL A(MD). Nos.472, 413 & 460 of 2019 on the file of this Court. 1/12 https://www.mhc.tn.gov.in/judis CRL MP(MD)Nos. 9442, 9443 & 9444 of 2025Prayer in Crl.Appeal.No.472 of 2019 :- Criminal Appeal filed under Section 377 (2) of Cr.P.C., praying to (i) byenhancing the sentence imposed on the respondent / Accused-6 Shri Salim SirajGillani by the Honorable Court of II Addl. District and Special Judge for CBI Cases,Madurai dated 03.05.2017, at par with the sentence imposed on other accusedpersons for the offences punishable under section 120 B r/w 420 IPC and (ii) byconvicting the respondent/accused-5 Shri Salim Siraj Gillani for the offencespunishable under section 120(B) r/w 419, 467, 468, 471 r/w 511 IPC and additionalcharges under section 120(B) r/w 420, 419, 467, 468, 381, 471 r/w 511 IPC.Prayer in Crl.Appeal.No.413 of 2019 :- Criminal Appeal filed under Section 377 (2) of Cr.P.C., praying to (i) byenhancing the sentence imposed on the respondent / Accused-5 Shri Salim SirajGillani by the Honorable Court of II Addl. District and Special Judge for CBI Cases,Madurai dated 21.04.2017, at par with the sentence imposed on other accusedpersons for the offences punishable under section 120 B r/w 420 IPC and (ii) byconvicting the respondent/accused-5 Shri Salim Siraj Gillani for the offencespunishable under section 120(B) r/w 467, 468, 381 and 471 IPC.Prayer in Crl.Appeal.No.460 of 2019 :- Criminal Appeal filed under Section 377 (2) of Cr.P.C., praying to (i) byenhancing the sentence imposed on the respondent / Accused-5 Shri Salim SirajGillani by the Honorable Court of II Addl. District and Special Judge for CBI Cases,Madurai dated 03.05.2017, at par with the sentence imposed on other accusedpersons for the offences punishable under section 120 B r/w 420 IPC r/w 511 IPCand (ii) by convicting the respondent/accused-5 Shri Salim Siraj Gillani for theoffences punishable under section 120(B) r/w 467, 468, 471 and 511 IPC and2/12 https://www.mhc.tn.gov.in/judis CRL MP(MD)Nos. 9442, 9443 & 9444 of 2025additional charges under section 120(B) r/w 467, 468, 381 and 511 IPC. ORDER:- These Criminal Miscellaneous Petitions coming on for orders on this dayand upon perusing the Grounds of Appeals and upon hearing the arguments ofMr.N. Mohideen Basha, the Special Public Prosecutor for CBI Cases for thepetitioners in all the three petitions and of Mr. I. Robert Chandrakumar, Advocatefor the Respondent in all the three petitions, this Court made the following order:"These petitions have been filed to issue Non Bailable Warrant against therespondent/accused Salim Siraj Gilani @ Sirajali Gilani in Crl.A.(MD).Nos.472, 413& 460 of 2019 on the file of this Court.2. On 04.03.2025, this Court allowed the Criminal Appeals filed by the CBI anddirected the accused/respondent to appear before this court in person for questionof sentence on 19.03.2025. But, he did not appear and hence, this Court passed thefollowing order:-“3. Section 235 (2) of Cr.P.C., mandates to hear the accused onthe question of sentence. On 04.03.2025, the learned counsel onrecord undertook to make the presence of the accused today. But,he would submit that the accused is suffering from various age oldillness. In this case, the respondent/accused already abscondedduring the course of trial in the year 2002 and warrant was3/12 https://www.mhc.tn.gov.in/judis CRL MP(MD)Nos. 9442, 9443 & 9444 of 2025executed only in the year 2017. Hence, this Court is not inclined toaccept the request made by the learned counsel for the accused andinclined to issue bailable warrant to the accused through theappellant. Accordingly, this Court issues bailable warrant to securethe accused/respondent and produce before this Court on03.04.2025.4. List this of case on 03.04.2025 for “question of sentence”. 3. Thereafter, this Court passed the following order on 03.04.2025:-“3.Again, today (03.04.2025), when these matters were takenup for hearing, the learned Special Public Prosecutor, appearing forCBI filed a report stating that the accused, namely, Salim SirajGillani is hiding and taking shelter in United Arab Emirates (UAE).In spite of the knowledge about the bailable warrant issued by thisCourt after duly communicated by the investigating agency, he hasnot appeared before this Court and he is not co-operating with theCourt. During the pendency of the trial, also he was abscondingand after 15 years only he was able to be secured. Therefore,considering the special circumstances of these cases, this courtissues Non-Bailable Warrant to secure the respondent/accused,4/12 https://www.mhc.tn.gov.in/judis CRL MP(MD)Nos. 9442, 9443 & 9444 of 2025namely, Salim Siraj Gillani and produce before this Court to answerthe question of sentence. 4.Considering the circumstances that the respondent is hidingin United Arab Emirates (UAE), this Court hereby directs theSecretary to the Union Government, Ministry of External Affairs,Union of India to render assistance to the CBI to secure therespondent/accused, namely, Salim Siraj Gillani. 5.List these cases on 18.06.2025 under the caption for“question of Sentence”. 4. The order of this Court dated 03.04.2025 was challenged by the respondentbefore the Hon'ble Supreme Court in SLP(Crl.)No.007214/2025 and SLP(Crl.)No.007274/2025 and the same were dismissed.5. Thereafter, on 19.06.2025, this Court directed CBI to secure the respondentby passing the following order:-On 03.04.2025, this Court passed the following order:-“On 04.03.2024, this Court allowed the appeals filed bythe CBI and listed these cases for questioning of sentence on19.03.2025.5/12 https://www.mhc.tn.gov.in/judis CRL MP(MD)Nos. 9442, 9443 & 9444 of 20252.On 19.03.2025, when the matter came up for hearing,the respondent has not appeared before this Court.Therefore, this Court passed the following order:“On 04.03.2025, this Court allowed the CriminalAppeal filed by the CBI and directed theaccused/respondent to appear before this Court inperson for question of sentence. 2.The learned counsel on record for the accusedalso undertook to ensure appearance to honour thedirection issued by this Court. Hence, this case wasadjourned today. The learned counsel for the accusedwould also submit that the accused is aged above 80years and he is suffering from various illness.Further,the accused is a Muslim and in view ofRamzan, he is in fasting. The learned counsel alsorequested this Court to peruse the medical records. 3.Section 235(2) of Cr.P.C., mandates to hear theaccused on the question of sentence. On 04.03.2025, thelearned counsel on record undertook to make the6/12 https://www.mhc.tn.gov.in/judis CRL MP(MD)Nos. 9442, 9443 & 9444 of 2025presence of the accused today. But, he would submitthat the accused is suffering from various age oldillness. In this case, the respondent/accused alreadyabsconded during the course of trial in the year 2002and warrant was executed only in the year 2017. Hence,this Court is not inclined to accept the request made bythe learned counsel for the accused and inclined toissue bailable warrant to the accused through theappellant. Accordingly, this Court issues bailablewarrant to secure the accused/respondent and producebefore this Court on 03.04.2025. 4.List this case on 03.04.2025 for “question ofsentence”. “3.Again today (03.04.2025), when these matterswere taken up for hearing, the learned Special PublicProsecutor, appearing for CBI filed a report stating that theaccused, namely, Salim Siraj Gillani is hiding and taking shelterin United Arab Emirates (UAE). In spite of the knowledge aboutthe bailable warrant issued by this Court after duly7/12 https://www.mhc.tn.gov.in/judis CRL MP(MD)Nos. 9442, 9443 & 9444 of 2025communicated by the investigating agency, he has not appearedbefore this Court and he is not co-operating with the Court.During the pendency of the trial, also he was absconding andafter 15 years only he was able to be secured. Therefore,considering the special circumstances of these cases, this Courtissues Non-Bailable Warrant to secure the respondent/accused,namely, Salim Siraj Gillani and produce before this Court toanswer the question of sentence. 4.Considering the circumstances that the respondent ishiding in United Arab Emirates (UAE), this Court hereby directsthe Secretary to the Union Government, Ministry of ExternalArffairs, Union of India to render assistance to the CBI to securethe respondent/accused, namely, Salim Siraj Gillani. 5.List these cases on 18.06.2025 under the caption for“question of sentence”. 2. Again today (19.06.2025), when these matters were taken upfor hearing, the learned Special Public Prosecutor stated that theycould not secure the respondent and produce before this Court toanswer the question of sentence. 8/12 https://www.mhc.tn.gov.in/judis CRL MP(MD)Nos. 9442, 9443 & 9444 of 20253.Further, the learned Special Public Prosecutor, on instructions,submitted that “Red Corner Notice” was already issued and hence,he seeks 15 days time to execute Non-Bailable Warrant issued by thisCourt on 03.04.2025. 4.The said request of the learned Special Public Prosecutor isaccepted and hence, this Court adjourns these cases to 24.07.2025. 5.It is made clear that if the respondent/accused is not secured,the Director, Central Bureau of Investigation, 15-B CGO Complex,Lodhi Road, New Delhi, shall appear through video conference alongwith an explanatory affidavit for noncompliance of the order of thisCourt dated 03.04.2025. 6.List these cases on 24.07.2025 under the caption for“questioning of sentence”. 6. At this stage, now CBI have filed these petitions. Mr.A.Ragurama Rajan,Head of Branch, CBI, Special Task Branch, Rajaji Bhavan, Besant Nagar, Chennai,Mr.Santhosh Kumar, Head of Branch, CBI, Special Tast Branch, Madurai andMr.T.Rajasekara, Deputy Superintendent of Police, CBI, Special Task Branch,Chennai, are present before this Court today, along with Reports. 9/12 https://www.mhc.tn.gov.in/judis CRL MP(MD)Nos. 9442, 9443 & 9444 of 20257. This Court perused the reports filed by the above said Officers. Further, inthese petitions, it is stated that warrant issued by this Court with outer time limithad expired and for enforcing the red corner notice issued by the Interpol Headquarters, it is imperative to issue Non-bailable warrants without setting the timelimit i.e., on open dated or long validity Non-bailable warrant. Being satisfied withthe reasons stated by the CBI in the affidavit filed in support of these petitions, thisCourt is inclined to allow these petitions.8.Accordingly, the petitions stand allowed. Registry is directed to issue opendated Non-Bailable Warrant against the respondent/accused Salim Siraj Gilani @Sirajali Gilani in Crl.A.(MD).Nos.472 of 2019 on the file of this Court." Sd/-// True Copy // / /2025Sub Assistant Registrar(CS - I / II / III / IV)TM/dssTO1. The II Additional District and Special Judge for CBI Cases, Madurai10/12 https://www.mhc.tn.gov.in/judis CRL MP(MD)Nos. 9442, 9443 & 9444 of 20252. The Secretary to Government, Union of India, Ministry of External Affairs, New Delhi.3. The Director, Central Bureau of Investigations, 15-B, CGO Complex, Lodhi Road, New Delhi.4. The Inspector of Police, Central Bureau of Investigation, Special Crimes Branch, Chennai.5. Mr. N. Mohideen Basha, The Special Public Prosecutor for CBI Cases, Madurai Bench of Madras High Court, Madurai.Copy to:1.The Registrar Judicial,Madurai Bench of Madras High Court,Madurai. 2. The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai11/12 https://www.mhc.tn.gov.in/judis CRL MP(MD)Nos. 9442, 9443 & 9444 of 2025 ORDER DATED : 24/07/2025 ========================== ORDER ========================== Crl.MP(MD) Nos. 9442, 9443 & 9444 of 2025 in CRL A(MD). No.472, 413, & 460 of 2019 Giving direction and etc. as stated within. SL (05.08.2025)/12P/ 8CMadurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023.12/12