Bashishth Singh v. State of Bihar, (SC) BS115106

Bashishth Singh v. State of Bihar, (SC) BS115106 SUPREME COURT OF INDIA

Before:- K.T. Thomas and R.P. Sethi, JJ.

Criminal Appeal No. 230 of 2001 (arising out of S.L.P. (Cri.) No. 235 of 2001). D/d. 26.2.2001.

Bashishth Singh and another - Appellant

Versus

State of Bihar - Respondent

NOTE

Bail- Cross case but only the applicant challaned - Bail allowed.

Criminal Procedure Code, 1973, Section 437 - Bail - Involvement of appellants in a case for which there is a cross case - Both the cases investigated but only in one case FIR filed - Bail granted.

[Para 2]

JUDGMENT

Leave granted.

2. Appellants are involved in a case for which there is a cross-case (or counter-case as it can be called). The case against the appellants is based on the FIR lodged by the complainant-Ram Naraian Singh. The counter-case was built up on the strength of the FIR lodged by the 2nd appellant. Both the cases were investigated but only in one case final report has been laid. Whatever be the position, we feel that this is a case where appellants can be let on bail during the trial period. We, therefore, order the appellants to be released on the bail on each of them executing a bond in a sum of Rs. 25,000/- with solvent surities to the satisfaction of the Sessions Judge, Kaimur.

3. The appeal is disposed of accordingly.

Order accordingly.