Important Point
An order of bail solely on ground that accused was on duty at relevant point of time without considering the nature of offence and without considering any other materials cannot be sustained.

Order

Leave granted.

2. This appeal is directed against the order of the Allahabad High Court, releasing the accused Raj Karan on bail. The High Court appears to have accepted the plea of the accused that he was on election duty at the relevant point of time and, accordingly, has released him on bail. No attention has been focussed with regard to the nature of offence or any other materials. Such an order, on the face of it, cannot be sustained. Mr. Lalit, learned Senior Counsel appearing for the accused-respondent however submitted that the accused has been released on bail since April 1998 and more than eight months have elapsed in the meantime and there is no allegation of any further overt act or tampering with the prosecution evidence and, consequent­ly, the grant of bail should not be cancelled. Though this is a vital consideration, yet the High Court having not focussed its attention on all the relevant materials and having released the accused Raj Karan on bail, we think it appropriate to remit the matter to the High Court for reconsideration. More so, when in Criminal Appeal No. 23 of 1999, we have remitted the question of reconsideration for the bail of accused Suresh Pal Singh, we make it clear, we are not expressing any opinion as to whether, in the facts and circumstances, accused Raj Karan should or should not be released on bail and we further direct that accused Raj Karan, who is already on bail, may be continued to be so until the disposal of his bail application afresh by the High Court, after taking into consideration all the relevant materials including that he is on bail for all this time.

3. The appeal is disposed of accordingly.

(C.R.) Appeal disposed of accordingly.

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