Fekan Yadav v. Mahendra Kumar @ Vishi, (SC) BS934109

Fekan Yadav v. Mahendra Kumar @ Vishi, (SC) BS934109 SUPREME COURT OF INDIA

Before:-J. Chelameswar and S. Abdul Nazeer, JJ.

Criminal Appeal No. 1978 of 2017 (Arising out of SLP(Crl.) No. 5509 of 2017). D/d. 17.11.2017.

Fekan Yadav - Appellant

Versus

Mahendra Kumar @ Vishi & Anr. - Respondents

For the Appellants :- N.K. Agrawal, Sr. Adv., Gaurav Agrawal, Abhikalp Pratap Singh, Abhay A, Deepak Bora, Advocates.

For the Respondents :- Gopal Singh, Manish Kumar, Subhro Sanyal, Kumar Rajiv, Aryan P. Nandi, Advocates.

Indian Penal Code, 1860 Sections 363, 365 read with Section 34 Bail - Granted to accused without any assigning any reasons - High Court to reconsider application of accused for grant of bail - Accused not entitled to bail.

[Para 4]

ORDER

Leave granted.

2. This appeal is directed against the order dated 27.4.2017 passed by the High Court of Judicature at Patna in Criminal Miscellaneous No.15949 of 2017, whereby the first respondent-accused was directed to be released on bail subject to certain terms and conditions stated therein.

3. We have heard learned counsel for the parties.

4. Case No. 7 of 2017 was registered against the accused under Sections 363, 365 read with section 34 of IPC with Karpi Police Station, District Alwar, Rajasthan. A perusal of the order passed by the High Court indicates that bail has been granted to the accused without assigning any reasons. We are of the view that the High Court has to re-consider the application of the accused for grant of bail. Hence the appeal is allowed in part and the order dated 27.4.2017 passed by the High Court is hereby set aside. The High Court is requested to consider the matter afresh. All the contentions of the parties are kept open.