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1987 Supreme(SC) 466

K.N.SINGH, M.P.THAKKAR
Shahzad Hasan Khan – Appellant
Versus
Ishtiaq Hasan Khan – Respondent


Advocates:
ANIL GUPTA, K.B.ROHTAGI, S.K.DHINGRA, U.R.Lalit

JUDGMENT:- Special leave granted.

2. This appeal is directed against the order of the High Court of Allahabad, Lucknow Bench, dated 7th June 1986, granting bail to respondent No. 1, Ishtiaq Hasan Khan. We allowed the appeal and set aside the order of the High Court and issued directions that respondent No. 1, Ishtiaq Hasan Khan be taken into custody forthwith. In that order we had directed that the reasons will follow. Hence this order articulating our reasons.

3. Ishtiag Hasan Khan, respondent No. I and three others, namely, Naseem, Shiva Kant Sharma and Asghar are facing trial for the murder of Zaheer Hasan Khan at about 9.00 a.m. on March 3, 1985, in a public place in Mahmood Nagar Leather market. After the occurrence respondent No. 1 absconded and he surrendered in court on April 22, 1985. He applied for bail before the Sessions Judge, Lucknow, which was rejected. He approached the Lucknow Bench of the High Court of Allahabad with an application for grant of bail. The application was opposed by the complainant and as well as by the public Prosecutor. Justice Kamleshwar Nath by his order dated September, 18, 1985 refused to enlarge the respondent on bail and rejected the bail appl






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