Back
2018 Supreme(SC) 1005
SUPREME COURT OF INDIA
KURIAN JOSEPH, S. ABDUL NAZEER, JJ.
Pinku Etc. - Appellant
Versus
The State of Uttar Pradesh - Respondent
Criminal Appeal Nos. 1277-1278 & 1279 of 2018 [@ Special Leave Petition (Crl.) Nos. 4565-4566 & 5587 of 2018]
Decided On : 11-10-2018
Headnote:Code of Criminal Procedure, 1973 – Section 439 – Appellants in custody since 2005 – Appeal pending in High Court – Bail rejected by High Court – One accused in same FIR granted bail by coordinate Bench of Supreme Court – Bail granted. (Para 5)
Facts of the case:
Appellants are in custody since 2005 and their application for bail has been rejected by High Court.
One accused in the same FIR has been granted bail by a coordinate Bench of Supreme Court.
Finding of the Court:
Appellant should be granted bail.
Result: Appeals allowed.
JUDGMENT :
Kurian, J.
1. Leave granted.
2. The appellants are aggrieved since their application(s) for suspension of sentence/for grant of bail has/have been rejected by the High Court. Their appeals filed in the year 2007 are still pending consideration before the High Court. There is no dispute that the appellants are in custody since 2005.
3. On a specific query, the learned Additional Advocate General appearing for the State has submitted that there are cases involving the appellants prior to the incident and the accused are otherwise facing trial in those cases.
4. We are also informed that one of the accused arising out of the same FIR has been released on bail by order dated 06.02.2018 passed by a Coordinate Bench of this Court in SLP (Crl.) No. 6482 of 2017.
5. For all the above reasons, we are of the view that the appellants should be released on bail during the pendency of the appeals before the High Court. Accordingly, these appeals are allowed with a direction that the appellants be released on bail, subject to such strict conditions as may be imposed by the trial court, in case they are not otherwise required to be detained in connection with any other case. Ordered accordingly.
