Supreme CourtDivision Bench

Fekan Yadav vs Mahendra Kumar @ Vishi & Anr.

Supreme Court Of India · Decided on 17 November 2017 · Citation: (2017) 11 SC CK 0042

HON’BLE JUDGES
J. Chelameswar, J · S. Abdul Nazeer, J
ACTS & SECTIONS REFERRED
<a href=1767>Indian Penal Code, 1860</a>, <a href=1767-34>Section 34</a>, <a href=1767-365>Section 365</a>, <a href=1767-363>Section 363</a> - Acts done by several persons in furtherance of common intention - Kidnapping or abducting with intent secretly and wrongfully to confine person - Punishment for kidnapping
RESULT
Partly Allowed
CASE NUMBER
Crl.A. No. 1978 of 2017 (Arising out of SLP(Crl ) No 5509 of 2017)
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Judgment

4 paragraphs · 168 words
1.

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.