Full Judgment Text
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IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 521 OF 2012
(Arising out of SLP(Crl.) No.9662/2011)
SHIV MOHAN KAPOOR Appellant(s)
:VERSUS:
STATE OF U.P. AND ANR. Respondent(s)
WITH
CRIMINAL APPEAL NO. 522 OF 2012
(Arising out of SLP(Crl.) No. 2023/2012)
(CRL.M.P. No.5795/2012)
MOTI SINGH SIKARWAR Appellant(s)
:VERSUS:
STATE OF U.P. AND ANR. Respondent(s)
O R D E R
1. Leave granted.
2. We have heard the learned counsel for the
JUDGMENT
parties.
3. The appellants filed applications for bail
before the High Court and a learned Single Judge of
the High Court, on considering the case of co-
accused Asha Rani Verma to whom bail had already
been granted, granted bail to the appellants on the
ground of parity. On an application made by the
complainant, the High Court cancelled the bail
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granted to the appellants.
4. At the outset, it is submitted by the learned
counsel appearing on behalf of the appellants that
both the appellants have already remained in jail
for more than 3 months.
5. On a consideration of the totality of the
facts and circumstances of this case, in our
considered view, the impugned order passed by the
High Court cancelling the bail granted to the
appellants is harsh and drastic. Consequently, the
impugned order passed by the High Court is set aside
and the appellants are granted bail on the following
conditions:
(i) The appellants shall report to the police
station concerned once a week i.e. on every Sunday
at 11.00 a.m.
JUDGMENT
(ii) The appellants shall remain present in Court
on each date of hearing and in case the appellants
are absent, the Trial Court would be at liberty to
cancel the bail granted to the accused-appellants.
(iii) The appellants shall fully cooperate with the
Trial Court.
(iv) The Trial Court shall carefully watch the
conduct of the appellants and in case the Trial
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Court is of the view that they are interfering with
the process of the Court, the Trial Court would be
at liberty to cancel the bail granted to them.
6. In the peculiar facts and circumstances of
this case, we request the Trial Court to conclude
the trial as expeditiously as possible, in any
event, within six months from the date of
communication of this order.
7. With the aforementioned observations and
directions these appeals are disposed of.
.....................J
(DALVEER BHANDARI)
JUDGMENT
.....................J
(DIPAK MISRA)
New Delhi;
March 12, 2012.
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