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2010 Supreme(SC) 394

MARKANDEY KATJU, A.K.PATNAIK
Rabindra Nath Singh Appellant with State of Bihar through C. B. I. – Appellant
Versus
Rajesh Ranjan @ Pappu Yadav – Respondent


Advocates appeared:
For the Appearing Parties:H.P. Rawal, ASG, A. Saran, Sr. Advocate, Amit Pawan, V.K. Biju, C.D. Singh, J.M. Abraham, B. Krishna Prasad, Rakesh Kumar Singh, Vijay Pratap Singh, Prem Prakash, Arvind Kumar Sharma, Advocates.

Judgment :

Heard learned counsel for the parties.

2. Leave granted in both the petitions.

3. These appeals have been filed against the impugned judgment and order dated 18.02.2009 of the High Court of Judicature at Patna whereby the respondent Rajesh Ranjan @ Pappu Yadav has been granted bail in Sessions Trial No. 976 of 1999.

4. Learned counsel for respondent-accused handed over to us a letter dated 1.5.2010 written by the respondent-accused to his counsel wherein it is stated that the present case should be heard by a Bench of which one of us (Markandey Katju, J.) is not a member. The said letter is taken on record.

5. Having perused the letters, we were inclined to issue notice for contempt of Court against respondent-accused for sending such a letter but we have restrained ourselves although it is clear that the conduct of the respondent-accused is contemptuous. We make it clear that this Court will not tolerate the tactics of Bench hopping by an accused or any other person.

6. We have considered the entire facts and circumstances of the case and also noted the fact that earlier two bail applications of the respondent-accused have been rejected. Apart from that, in the case of t






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