Full Judgment Text
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NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 454 OF 2017
[ @ SPECIAL LEAVE PETITION (CRL.) No. 342 OF 2017 ]
VISHNU Appellant (s)
VERSUS
STATE OF RAJASTHAN & ANR. Respondent(s)
J U D G M E N T
KURIAN, J.
1. Leave granted.
2. The appellant has been in custody since
01.12.2015 in connection with Case No. 238 of 2015
registered at Police Station Bair, Rajasthan under
Sections 147, 148, 149, 323, 341, 324, 325, 307 IPC.
3. We are informed that the trial has commenced but
JUDGMENT
only one witness has been examined. It is seen from
the FIR that the genesis of the incident is the
dispute on the firing of crackers and that there is
no other dispute between the parties.
4. When the matter came up before this Court, we
issued notice to the de-facto complainant as well.
However, there is no appearance on his behalf.
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5. Having regard to the factual background of the
case, we are of the view that during the pendency of
the trial, the appellant should be released on bail,
on furnishing bail bonds of Rs. 10,000/- with two
sureties of the like amount to the satisfaction of
the competent court.
6. We make it clear that the appellant shall
cooperate with the trial and shall not influence
witnesses in any way. In case of any non-cooperation
on the part of the appellant, it shall be open to the
State to apply for cancellation of bail.
7. With the above observations and directions, the
appeal is disposed of.
.......................J.
[ KURIAN JOSEPH ]
JUDGMENT
.......................J.
[ R. BANUMATHI ]
New Delhi;
March 03, 2017.
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