Hasan Vs. State of
U.P. & ANR. [2008] INSC 1759 (17 October 2008)
Judgment
CRIMINAL APPELLATE
JURISDICTION CRIMINAL APPEAL NO. 1676 OF 2008 [Arising out of SLP(Crl.) No.
3239/2008] HASAN ... APPELLANT(S) :VERSUS:
ORDER
Leave granted.
The first informant
is before us aggrieved by and dissatisfied with the judgment and order dated
8.2.2008 passed by the High Court of Judicature at Allahabad granting bail in
favour of the second respondent herein.
Learned counsel for
the appellant submits that keeping in view the statements made by Smt. Munni as
also the order of the learned Session Judge and furthermore in view of the fact
that the second respondent had also been proceeded against for having committed
cognizable offence, the High Court should have not granted bail in his favour.
Learned counsel for
the second respondent on the other hand, contended that the medical evidence
does not support the prosecution case.
-2- Be that as it
may, in view of the fact that the High Court in passing the impugned judgment
has not assigned any reasons, whatsoever, we are of the opinion that the
impugned judgment cannot be sustained.
We are saying so as
the learned Additional Government Advocate, appearing on behalf of the State,
raised a contention before the High Court that respondent No.2 was a person
having criminal antecedents. The High Court, in our opinion, should have
considered that aspect of the matter as also other materials which have been
brought on record.
For the reasons
aforementioned, the impugned judgment is set aside and the matter is directed
to be heard afresh by the High Court. The High Court shall take up this matter
for hearing either on 10th November, 2008 or any other date as may be notified.
It is made clear that
the second respondent shall remain personally present before the appropriate
Bench of the High Court on 10th November, 2008 or any other date fixed by the
High Court.
-3- The appeal is
allowed with the aforementioned observation and direction.
The Registry may
transmit a copy of this order to the Registrar General of the Allahabad High
Court for compliance.
...........................J
(S.B. SINHA)
...........................J
(CYRIAC JOSEPH)
NEW
DELHI, OCTOBER 17, 2008.
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