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Rakesh Kumar Singh vs The State Of Uttar Pradesh on 8 August, 2017

Bench: N.V. Ramana, Prafulla C. Pant

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                                           IN THE SUPREME COURT OF INDIA
                                          CRIMINAL APPELLATE JURISDICTION


                                       CRIMINAL APPEAL No. 1368 OF 2017
                                    (Arising out of SLP(Crl.) No.4002 of 2017)



     RAKESH KUMAR SINGH                                                Appellant(s)

                                            Versus

     STATE OF UTTAR PRADESH & ANR.                                  Respondent(s)


                                                 O R D E R

Leave granted.

This appeal is directed against the judgment and order dated 31.01.2017 passed by the High Court of Judicature at Allahabad, Lucknow Bench in Criminal Appeal No. 1583 of 2016 whereby the accused-Indira Kumar Singh was enlarged on bail to the satisfaction of the court concerned.

We have heard learned counsel for the parties at length and perused the material placed on record.

Taking into consideration the facts and circumstances of the case particularly the fact that the accused was apprehended at the spot after the murder was committed, we find that the High Court was not correct in granting bail to the accused-Indira Kumar Singh, pending disposal of the appeal.

Digitally signed by SHASHI SAREEN Date: 2017.08.18 In view of the pendency of the appeal, we are not inclined to 15:37:55 IST Reason: give any comments on the evidence placed on record.  2 Accordingly, we set-aside the order passed by the High Court and the allow the appeal.

However, the accused-Indra Kumar Singh is granted four weeks' time from today to surrender before the Trial Court.

.................J. (N.V.RAMANA) ..................J. (PRAFULLA C.PANT) New Delhi, Dated: 8th August, 2017.

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ITEM NO.24                  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).   4002/2017

(Arising out of impugned final judgment and order dated 31-01-2017 in CRLA No. 1583/2016 passed by the High Court Of Judicature At Allahabad, Lucknow Bench) RAKESH KUMAR SINGH Petitioner(s) VERSUS THE STATE OF UTTAR PRADESH Respondent(s) (for completion of service FOR EXEMPTION FROM FILING O.T. ON IA 8465/2017) Date : 08-08-2017 These matters were called on for hearing today. CORAM :

HON'BLE MR. JUSTICE N.V. RAMANA HON'BLE MR. JUSTICE PRAFULLA C. PANT For Petitioner(s) Mr. Vishwajit Singh, Adv.

Ms. Rishima Singh, Adv. Mr. Piyush Vats, Adv.

Mr. Abhijit Sunny, Adv. M/s Vidhi International, AOR For Respondent(s) Mr. D.K.Singh, AAG, Mr. Alok Kumar Pandey, Adv. Ms. Komal Mundhra, Adv. Mr. Saurabh Agarwal, Adv. Mr. C. D. Singh, AOR Mr. Manohar Pratap, Adv. Mr. Goverdhan Aggarwal, Adv. Mr. Ashish Goel, Adv.

Ms. Manju Jetley, AOR UPON hearing the counsel the Court made the following O R D E R Leave granted.

The appeal is allowed in terms of the signed order.

Pending applications, if any, shall stand disposed of.

(SHASHI SAREEN)                            (S. SIVARAMAKRISHNA)
   AR CUM PS                                   ASST.REGISTRAR

(Signed order is placed on the file)