Supreme Court of India
Vivek Kumar vs State Of U.P. on 4 January, 2000
Equivalent citations: AIR2000SC3406B, 2001(1)ALD(CRI)100, 2000CRILJ2774, JT2000(1)SC552, (2000)9SCC443, 2000 CRI. L. J. 2774, 2000 (9) SCC 443, 2000 ALL. L. J. 1470, 2001 SCC (CRI) 416, (2000) 1 JT 552 (SC), (2000) 27 ALLCRIR 481, (2000) 7 SUPREME 543, 2000 ALLMR(CRI) 1238, (2000) 4 CRIMES 261, (2000) SC CR R 548, AIR 2000 SUPREME COURT 3406(2), 2000 AIR SCW 1870, (2000) 40 ALLCRIC 582, (2000) 1 ALLCRILR 641
Bench: K.T. Thomas, M.B. Shah
JUDGMENT
1. Leave granted.
2. We are told that the appellant is in jail from 4-4-98 in connection with offences under Sections 307 and 395 read with Section 149 of the Indian Penal Code. It is quite a long period that he has been in custody without commencing the trial. There is no 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 prejudice the appellant who is languishing in jail.
3. For the aforesaid reasons we order that the appellant be released 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.