Vivek Kumar Vs. State of U.P.
EmailAppeal: Criminal Appeal No. 2 of 2000
(Arising out of S.L.P. (Cr.) No. 2894 of 1999
(Arising out of S.L.P. (Cr.) No. 2894 of 1999
Petitioner: Vivek Kumar
Respondent: State of U.P.
Apeal: Criminal Appeal No. 2 of 2000
(Arising out of S.L.P. (Cr.) No. 2894 of 1999
(Arising out of S.L.P. (Cr.) No. 2894 of 1999
Judges: K.T. THOMAS & M.B. SHAH, JJ.
Date of Judgment: Jan 04, 2000
Head Note:
CRIMINAL LAW
Criminal Procedure Code, 1973
Section 437 – Bail – Accused in jail since 4.4.98 – Offences under Section 394, 395 IPC – Trial not commenced. Held that he be released on bail on furnishing personal bond with two sureties. (Paras 2,3)
JUDGEMENT:
ORDER
1. Leave granted.
2. We are told that the appellant is in jail from 4.4.98 in connection with offences under Section 394 and 395 read with Sec. 149 of the Indian Penal Code. It is quite a long period that he has been in custody without commencing the trial. There is a need to detain him further in custody and therefore we are inclined to release him on bail notwithstanding the suppression of certain factual position when the bail application was filed. It would not have been done by the appellant. We feel that lapses on the part of the counsel should not in this case be allowed to preju-dice the appellant who is languishing is jail.
3. For the aforesaid reason we order that the appellant be re-leased on bail on execution of a bond with two solvent sureties to the satisfaction of Chief Judicial Magistrate , Pratapgarh.
4. The Appeal is disposed of.
1. Leave granted.
2. We are told that the appellant is in jail from 4.4.98 in connection with offences under Section 394 and 395 read with Sec. 149 of the Indian Penal Code. It is quite a long period that he has been in custody without commencing the trial. There is a need to detain him further in custody and therefore we are inclined to release him on bail notwithstanding the suppression of certain factual position when the bail application was filed. It would not have been done by the appellant. We feel that lapses on the part of the counsel should not in this case be allowed to preju-dice the appellant who is languishing is jail.
3. For the aforesaid reason we order that the appellant be re-leased on bail on execution of a bond with two solvent sureties to the satisfaction of Chief Judicial Magistrate , Pratapgarh.
4. The Appeal is disposed of.
