R2319 (SC), 2004 (16 )AIC8 (S.C. ), AIR2004 SC 1866 , 2004 (48 ) ACC 959 , 2005 (2 )ALT(Cri)42 , 2004 (2 )BLJR1121 , II (2004 )CCR16 (SC ), 2004 (2 )CGLJ299 , 2004 CriLJ1796 , JT2004 (3 )SC 442 , 2004 (2 )PLJR149 , 2004 (3 )SCALE257 , (2004 )7 SCC528 , ,MANU/SC/0214/2004
N. Santosh Hegde#B.P. Singh#2727SC3250Judgment/OrderACR#AIC#AIR#Allahabad Criminal Cases#ALT (Criminal)#BLJR#CCR#CGLJ#CriLJ#JT#MANU#PLJR#SCALE#SCCN. Santosh Hegde,SUPREME COURT OF INDIA2012-9-24Points for Consideration in Bail Application,Purposes for which Bail may be Granted,Pre-Trial Detention, Significance of Innocence of Accused not Relevant, Cancellation of Bail for Limited Period, Bail to be Subject to Conditions,Principles Relating to Grant or Refusal to Bail,Principles Relating to Grant or Refusal to Bail,Successive bail Applications-Whether can be Filed?,Scope of Section 437 of Cr. PC,Law of Bail17457,17459 -->
MANU/SC/0214/2004
True Court CopyTM EnglishBLJR
IN THE SUPREME COURT OF INDIA
Criminal Appeal No. 324 of 2004 (Arising out of SLP (Crl.) No. 4774 of 2003)
Decided On: 12.03.2004
Appellants: Kalyan Chandra Sarkar Vs. Respondent: Rajesh Ranjan and Ors.
Hon'ble Judges/Coram:
N. Santosh Hegde and B.P. Singh JUDGMENT
N. Santosh Hegde, J.
1. Heard learned counsel for the parties.
2. Leave granted.
3. The appellant herein is the complainant in CBI Case No. RC.12(S)/98/SIC.IV/New Delhi. According to the said complaint, the first respondent herein conspired with the other accused named in the said complaint to murder his brother Ajit Sarkar who was then a MLA from Purnea constituency in the State of Bihar. The incident leading to the murder of said Ajit Sarkar took place on 14.6.1998 when said Ajit Sarkar was returning in his official car with 3 others after attending a Panchayat. It is the prosecution case that some other accused named in the complaint followed the car in which said Ajit Sarkar was travelling on two motorbikes and attacked Ajit Sarkar, his friends Asfaq Alam, Hamender Sharma and Ajit Sarkar's bodyguard Ramesh Oraon with sophisticated weapons consequent to which said Ajit Sarkar, Asfaq Alam and Hamender Sharma died and Ramesh Oraon was seriously injured. A complaint in this regard was registered with the jurisdictional Police at the instance of the appellant and the original investigation was initiated by the said Police. However, when it was noticed that the said jurisdictional Police were not conducting proper investigation, the same was transferred to the Central Bureau of Investigation (CBI) which registered a fresh case. During the course of investigation the CBI found that in view of political rivalry between the deceased and the first respondent herein, the latter entered into a criminal conspiracy with the other co-accused to eliminate said Ajit Sarkar and pursuant to the said conspiracy on 12.6.1998 the first respondent held a meeting with co-accused Harish Chaudhary and others in Siliguri. It is also found that the first respondent instructed some of the co-accused to falsify certain records to create an alibi for himself and Harish Chaudhary for their absence from the place and the time of proposed attack and he himself left for New Delhi from Bagdogra. The further case of the prosecution is ........