Full Judgment Text
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IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NOS. 1423-1426 OF 2013
(Arising out of SLP(Crl.) Nos.6710-6713/2012)
AMIT PANDEY ETC. Appellant(s)
:VERSUS:
STATE OF BIHAR & ORS. Respondent(s)
O R D E R
Leave granted.
2. Heard Mr. Riturag Biswas in support of this
appeal filed by the complainant and Mr. Nagendra
Rai, learned senior counsel appearing for some of
the accused respondents. We have also heard the
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counsel for the State of Bihar. All respondents are
served.
3. This appeal by special leave seeks to
challenge the orders of bail granted by the High
Court to Ram Pujan Pandey and Amukh Pandey in
Criminal Miscellaneous No.7415/2012, Jitendera
Pandey in Criminal Miscellaneous No.7005/2012, Tanuj
Pandey in Criminal Miscellaneous No.3879/2012 and
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Hare Ram Pandey in Criminal Miscellaneous
No.1630/2012. All these accused have been charged
under Section 302 of IPC in FIR No.258 of 2011 at
Madhaura Police Station in District Chhapra, State
of Bihar. The counsel for the appellants submits
that the impugned orders granting bail to these
persons state that no role is attributed to them
while, in fact, the charge-sheet very much shows as
to how they did play part in the occurrence leading
to the murder of one Nagendra Pandey. Thus, if we
see the charge-sheet, we find that Jitendra Pandey
went to pull up Nagendra Pandey from the motorcycle,
and Amukh Pandey and Hare Ram Pandey pushed the
injured complainant down and Jitendra Pandey had
used the dagger. In this state of affair, it is
difficult to understand as to how the learned Single
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Judge of the High Court came to the conclusion that
there was no overt act attributed to these four
persons. We may, however, add that we do not find
any specific role attributed to Tanuj Pandey.
4. Having heard the learned counsel in defence,
we are still of the view that in this situation, the
order of bail was not justified as far as these four
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respondents-accused, namely, Amukh Pandey, Jitendra
Pandey, Hare Ram Pandey and Ram Pujan Pandey are
concerned. We are not satisfied with the order of
bail that has been granted to them by the High
Court. Consequently, we allow these appeals and set
aside the orders passed by the learned single Judge
of the High Court grating bail to these four
accused. These accused will surrender before the
concerned Police Station within two weeks from
today.
These appeals are disposed of accordingly.
.........................J
(H.L. GOKHALE)
JUDGMENT
.........................J
(J. CHELAMESWAR)
New Delhi;
September 9, 2013.
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