Naresh Pal Singh v. Raj Karan, (SC) BS95497

Naresh Pal Singh v. Raj Karan, (SC) BS95497 SUPREME COURT OF INDIA

Before:- G.B. Pattanaik and Syed Shah Mohammed Quadri, JJ.

Criminal Appeal No. 45 of 1999 (arising out of S.L.P. (Cri.) No. 3773 of 1998). D/d. 18.1.1999.

Naresh Pal Singh - Appellant

Versus

Raj Karan and another - Respondents

NOTE

Alibi- The other evidence should be examined beside the plea of alibi.

Criminal Procedure Code, 1973, Section 439 - Bail - Granted considering the plea that accused was on election duty at the relevant point of time - Ignoring the nature of offence or any other material - Not proper - Matter remitted to High Court for fresh consideration - Accused may be continued to be on bail until the disposal of his bail application fresh.

[Para 2]

JUDGMENT

Leave granted.

2. This appeal is directed against the order of Allahabad High Court, releasing the accused-Raj Karan on bail. The High Court appears to have accepted the plea of the accused that he was on election duty at the relevant point of time and, accordingly, has released him on bail. No attention has been focussed with regard to the nature of offence or any other materials. Such an order, on the face of it, cannot be sustained. Mr. Lalit, learned senior counsel appearing for the accused-respondent however, submitted that the accused has been released on bail since April, 1998 and more than eight months have elapsed in the meantime and there is no allegation of any further overt act or tampering with the prosecution evidence and, consequently, the grant of bail should not be cancelled. Though this is a vital consideration, yet the High Court having not focussed its attention to all the relevant materials and having released the accused-Raj Karan on bail, we think it appropriate to remit the matter to the High Court for reconsideration. Moreso, when in Criminal Appeal No. 23/99, we have remitted the question of reconsideration for the bail of accused-Suresh Pal Singh. We make it clear, we are not expressing any opinion as to whether, in the facts and circumstances, accused-Raj Karan should or should not be released on bail and we further direct that accused-Raj Karan, who is already on bail, may be continued to be so until the disposal of his bail application afresh by the High Court, after taking into consideration all relevant materials including that he is on bail for all this time.

3. The appeal is disposed of, accordingly.

Order accordingly.