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Supreme Court Of India
NEWS ITEM "madhepura IN A TIZZY OVER PAPPU VISIT" IN THE TIMES OF INDIA
Versus
UNION OF INDIA
Decided on May 7, 2004
Bail - Criminal Case - Authority to Leave Jail
Fact of the Case:
Rajesh Ranjan @ 'Pappu Yadav' was seen in Madhepura on 4-5-2004, despite the bail granted to him by the High Court being set aside by the Supreme Court. The court sought information on the authority under which he was allowed to leave jail.
Finding of the Court:
The court issued notices to the Home Secretary, State of Bihar, and the Jail Superintendent to provide information on the circumstances under which the accused was permitted to leave jail, including any time spent in the hospital and the facilities provided.
Issues: Authority for leaving jail, time spent in hospital, facilities provided
Ratio Decidendi: The court directed the State of Bihar to provide information on the accused's movements and facilities during his custody period, without impeding any action or investigation by the Election Commission.
Final Decision: The Home Secretary, State of Bihar, and Jail Superintendent were directed to file an affidavit within eight weeks, and the court's direction would not hinder any action or investigation by the Election Commission.
( 1 ) WE notice from the newspaper reports that one Rajesh Ranjan @ "pappu Yadav" was seen in Madhepura on 4-5-2004. This person is an accused in a criminal case where the bail granted to him by the High Court was set aside by this Court. Hence we would like to know under whose orders and under what authority this person was allowed to go out of the jail.
( 2 ) NOTICE be issued to the Home Secretary, State of Bihar who will also inform this Court, how many days during his custody period he has spent in the hospital, if so, what were the facilities provided to him in the hospital. The Jail Superintendent concerned will also file an affidavit explaining the circumstances under which he was permitted to go out of the jail.
( 3 ) THIS direction of ours to the State of Bihar will not be a bar for any action or investigation/inquiry that may be conducted by the Election commission and decision taken thereon. The Home Secretary, State of Bihar and Jail Superintendent concerned will file an affidavit within eight weeks from today. Court Masters
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