DIPAK MISRA, V.GOPALA GOWDA
Sunil Kumar – Appellant
Versus
Vipin Kumar – Respondent
Key Points: - The High Court rightly applied discretionary power under Section 389 CrPC to enlarge the respondents on bail because appeals and revisions were pending and convictions were not yet confirmed (!) . - The respondents had previously been granted bail and did not misuse liberty, and they conceded to the occurrence with a different version, which the Court noted in its reasoning (!) . - The Court emphasized that the chance of the appeal being heard in the near future was extremely remote, influencing the bail decision (!) . - The appellant challenged the High Court’s bail order on the basis that reasons for granting bail under Section 389 CrPC should be recorded in writing, citing Section 389 and related case law, but the Court upheld the High Court’s decision to grant bail (!) (!) . - The judgment clarifies that when convictions are not yet confirmed by the appellate court, it is permissible for the appellate court to grant bail under Section 389 CrPC based on discretionary reasoning, especially where appeals are pending and there is no misuse of liberty (!) . - The proceedings indicate that both the Criminal Appeal and Criminal Revision were pending before the High Court, affecting finality of convictions for bail considerations (!) (!) .
JUDGMENT :
V.Gopala Gowda, J.
1. Leave granted.
2. This appeal is filed by the appellant questioning the correctness of the judgment and final Order dated 18.02.2013 passed by the High Court of Judicature at Allahabad in Criminal Appeal No. 2684 of 2009 urging various facts and legal contentions in justification of his claim.
3. Necessary relevant facts are stated hereunder to appreciate the case of the appellant and also to find out whether the appellant is entitled for the relief as prayed for in this appeal.
4. It is the case of the prosecution that the appellant, who was at the time of the incident, studying in an engineering college at Noida, happened to be at Shikarpur crossing within the police station Kotwali Nagar. At about 10 a.m. on 27th June 2003, it was then that the convicted respondent nos. 2 and 3 dragged him into their house and began to assault him. Hearing the cries, the appellant's father Shri Khem Chand and brother Shri Rajeev would arrive at the scene to his rescue. In the scuffle which ensued, both the father and the brother of the appellant got injured which led to the consequential death of the appellant's brother Rajeev. After the FIR and follow- up investigati
Kishori Lal v. Rupa [(2004) 7 SCC 638] [para15] – referred
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