Supreme Court - Daily Orders
Rajpal vs Krishan Kumar . on 15 July, 2016
Bench: Pinaki Chandra Ghose, Uday Umesh Lalit
ITEM NO.315 COURT NO.10 SECTION II
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s). 1163/2015
(Arising out of impugned final judgment and order dated 09/01/2015
in CRMBA No. 14260/2014 passed by the High Court Of Rajasthan At
Jaipur)
RAJPAL Petitioner(s)
VERSUS
KRISHAN KUMAR AND ORS. Respondent(s)
(interim relief and office report)
WITH
SLP(Crl) No. 1417/2015
Interim Relief and Office Report)
Date : 15/07/2016 These petitions were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE PINAKI CHANDRA GHOSE
HON'BLE MR. JUSTICE UDAY UMESH LALIT
For Petitioner(s) Mr. Jasbir Singh Malik,Adv.
Mr. Kuldeep Rai,Adv.for
Ms. Usha Nandini. V,Adv.
Mr. S. K. Sabharwal,Adv.
For Respondent(s)
Ms. Ruchi Kohli,Adv.
Mr. Ambhoj Kumar Sinha,Adv.
Mr. Pramod Kumar Sharma,Adv.
Mr. Pushpinder Singh,Adv.
Ms. Anurag Rana,Adv.
Mr. Merusagar Samantaray,Adv.
UPON hearing the counsel the Court made the following
O R D E R
Leave granted in both matters.
The appeals are disposed of in terms of the signed order.
Signature Not Verified Digitally signed by NEELAM GULATI Date: 2016.07.25 13:36:50 IST Reason: (SUMAN WADHWA) (SNEH LATA SHARMA) AR-cum-PS COURT MASTER
Signed order is placed on the file. IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 669 OF 2016 (ARISING OUT OF SPECIAL LEAVE PETITION (CRL.) NO. 1163 OF 2015 Rajpal Appellant(s) VERSUS Krishan Kumar & Ors. Respondent(s) WITH CRIMINAL APPEAL NO. 670 OF 2016 (ARISING OUT OF SPECIAL LEAVE PETITION (CRL.) NO. 1417 OF 2015 O R D E R Leave granted in both the matters. Heard learned counsel for the parties. We find that the High Court while granting the bail to the respondents has not considered the facts of this case. It appears that one of the respondents was already convicted and sentenced for life and the other one for seven years for the earlier offences. The High Court has not considered the fact that while their sentences were suspended and they were on bail, they have repeated the serious offence. It appears that High Court has failed to consider their antecedents and granted bail. In view of that, in our opinion, the order passed by the High Court on 9.1.2015 cannot be sustained in the eye of law and is accordingly set aside.
The respondents are directed to surrender before the appropriate forum within two weeks from today and if they do not do so, it is directed that the concerned police station take them into custody forthwith.
The appeals are disposed of accordingly.
.........................J. (PINAKI CHANDRA GHOSE) .........................J. (UDAY UMESH LALIT) New Delhi;
Date: 15.7.2016.