Kumar (Dead) by Lr Vs. Surendra & ANR.  INSC 1334 (31 July 2009)
APPELLATE JURISDICTION CRIMINAL APPEAL NO.1377 OF 2009 (Arising out of S.L.P.
(Crl.) No.6631 of 2006) Abhimanyu Kumar (Dead) By L.R. ...Appellant(s) Versus
Surendra & Anr. ...Respondent(s) O R D E R Heard learned counsel for the
appeal, challenge has made to order of the High Court dated 5th October, 2006,
whereby the Surendra, Respondent No.1 herein [hereinafter referred to as
"respondent"] has been granted bail in F.I.R. No.98/2006, P.S.
Muradnagar, District Ghaziabad, Uttar Pradesh.
was issued in this case way back on 1st December, 2006, but the same could not
be served as the respondent was apparently absconding. Orders were thereafter
issued that a proclamation under Sections 82 and 83 of the Code of Criminal
Procedure, 1973, be issued and this proclamation has, in fact, been issued.
Despite this proclamation, no counsel has put in appearance on behalf of the
2 - Several arguments have been raised by learned counsel for the appellant
with respect to the merits of the controversy but, in the light of the fact
that they pertain to the merits of the case, we are not inclined to go into the
findings recorded one way or the other. Learned counsel further has put on
record by way of Criminal Miscellaneous Petition No.7182 of 2007 an application
supported by an affidavit and appending thereto F.I.R. No.241/2007, P.S. Muradnagar,
District Ghaziabad, Uttar Pradesh, whereby it appears that after the respondent
had been released on bail he, along with others, has been involved in another
case of murder. In this view of the matter, we set aside the impugned order of
the High Court dated 5th October, 2006, and direct that the respondent shall be
taken into custody forthwith.
appeal is allowed in the above terms.
......................J. [HARJIT SINGH BEDI]
......................J. [J.M. PANCHAL]
July 31, 2009.