Shivendra Sahay Vs.
State of Bihar [2009] INSC 1058 (13 May 2009)
Judgment
CRIMINAL APPELLATE
JURISDICTION CRIMINAL APPEAL No.1018 OF 2009 [Arising out of SLP(Crl.) No.2815
of 2009] SHIVENDRA SAHAY ... Appellant(s) Versus STATE OF BIHAR ...
Respondent(s) WITH CRIMINAL APPEAL No.1019 OF 2009 [Arising out of SLP(Crl.)
No.2816 of 2009] ORDER Leave granted.
Despite service of
notice on the Central Bureau of Investigation (C.B.I.) representing the State
of Bihar, no one appears to oppose the appellant's prayer for grant of bail in
connection with FIR No.RCPAT 2004/0029 dated 6th October, 2004.
Learned counsel for
the appellant submits that out of the accused in the case, 12 have already been
granted bail and that he has been refused bail by the impugned order. Having
seen the impugned order and having considered the submissions made and having
further regard to the fact that out of 13 accused, 12 have already been
released on bail, we allow the appeal and set aside the order passed by the
learned High Court and direct that the appellant be released on bail to the satisfaction
of the learned trial court.
The appeal is
allowed.
CRIMINAL APPEAL
No.1019 OF 2009 Leave granted.
Despite service of
notice on the Central Bureau of Investigation (C.B.I.) representing the State
of Bihar, no one appears to oppose the appellant's prayer for grant of bail in
connection with FIR No. RCPAT 2004/0030 dated 6th October, 2004.
Learned counsel for
the appellant submits that out of the 14 accused in the case, 12 have already
been granted bail and that he has been refused bail by the impugned order.
Having seen the impugned order and having considered the submissions made and
having further regard to the fact that out of 14 accused, 12 have already been
released on bail, we allow the appeal and set aside the order passed by the
learned High Court and direct that the appellant be released on bail to the
satisfaction of the learned trial court.
The appeal is
allowed.
...................J.
(ALTAMAS KABIR)
...................J.
(CYRIAC JOSEPH)
New
Delhi,
May
13, 2009.
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