The State through C.B.I. New Delhi Vs. K.K.Jajodia and Anr.
EmailAppeal: Special Leave Petition (Criminal) No. 147 of 1988.
Petitioner: The State through C.B.I. New Delhi
Respondent: K.K.Jajodia and Anr.
Apeal: Special Leave Petition (Criminal) No. 147 of 1988.
Judges: G.L.OZA & S.NATARAJAN,JJ.
Date of Judgment: Apr 04, 1988
Head Note:
CRIMINAL LAW
Bail – Anticipatory
Anticipatory bail – Respondents to remain on bail subject to the condition that they shall cooperate for the purposes of investigation as and when it is necessary for the officer of the C.B.I.
PRACTICE AND PROCEDURE
Trial not completed – Conclusions reached by the learned Judge of the High Court on facts which were yet to be examined at the trial -Held that they were absolutely uncalled for – Further held that the observations made and the conclusions reached shall not in many manner be considered by the court while trying the case.
JUDGEMENT:
O R D E R
1. Special leave petition has been filed against an Order passed by the High Court of Delhi granting anticipatory bail. Having heard learned Attorney General for the petitioner and Mr. Nariman for the respondents, it is apparent that the conclusions that have been reached by the learned Judge of the High Court on the facts which are yet to be examined at the trial is absolutely uncalled for and the observations made and the conclusions reached shall not in any manner be considered by the Court while trying the case. It is further directed that as the respondents have already been released on bail, they shall remain on bail, but shall cooperate with the petitioner for the purposes of investigation. The learned counsel for the respondents states that Shri K.K.Jajodia is in London, but he states that he will be back in India by the end of April. He also states that since he is coming back to India he and the other respondent will cooperate with the petitioner for the purposes of investigation. We, therefore, direct that by the end of April, 1988, when the respondent is in India, the petitioner shall be informed immediately and the bail to the respondents will be subject to the condition that they shall cooperate for the purposes of investigation as and when it is necessary for the officer of the C.B.I. With this direction, the special leave petition is disposed of.
1. Special leave petition has been filed against an Order passed by the High Court of Delhi granting anticipatory bail. Having heard learned Attorney General for the petitioner and Mr. Nariman for the respondents, it is apparent that the conclusions that have been reached by the learned Judge of the High Court on the facts which are yet to be examined at the trial is absolutely uncalled for and the observations made and the conclusions reached shall not in any manner be considered by the Court while trying the case. It is further directed that as the respondents have already been released on bail, they shall remain on bail, but shall cooperate with the petitioner for the purposes of investigation. The learned counsel for the respondents states that Shri K.K.Jajodia is in London, but he states that he will be back in India by the end of April. He also states that since he is coming back to India he and the other respondent will cooperate with the petitioner for the purposes of investigation. We, therefore, direct that by the end of April, 1988, when the respondent is in India, the petitioner shall be informed immediately and the bail to the respondents will be subject to the condition that they shall cooperate for the purposes of investigation as and when it is necessary for the officer of the C.B.I. With this direction, the special leave petition is disposed of.
