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2004 Supreme(Pat) 339

M.L.VISA
Union Of India – Appellant
Versus
Anil Kumar Yadav @ Anil Yadav – Respondent


Judgment

1. This application under Section 482 of the Code of Criminal Procedure, 1973 in short "Cr.P.C") has been filed by Union of India through Superintendent of Police, Central Bureau of Investigation, S.I.C. IV, New Delhi for modifying the order dated 1.9.2003, passed by a Bench of Single Judge (since superannuated) of this Court in Cr. Misc. No. 21335 of 2003 by recalling the direction to the trial Court for releasing Anil Kumar Yadav @ Anil Yadav, opposite party, on bail if the trial is not concluded within three months by repeating the direction.

2. The facts of the matter, as per petitioner in short, are that opposite party is in jail in connection with Sessions Trial No. 976 of 1999, relating to the murder of Ajit Sarkar, the then M.L.A. and others and the case was entrusted to Central Bureau of Investigation (In short "CBI") by the Government of India with the consent of Government of Bihar in the year, 1998 and during investigation, it was fond that co-accused Rajesh Ranjan @ Pappu Yadav had hatched conspiracy alongwith this petitioner and others to eliminate Ajit Sarkar with whom he was having political rivalry and it further transpired that on the day of occurrence, co








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