Supreme CourtDivision Bench

Vishnu vs State of Rajasthan

Supreme Court Of India · Decided on 3 March 2017 · Citation: 2017 AIR(SCW) 1611 : (2017) 2 AIRJharR 842 : AIR 2017 SC 1611 : (2017) 11 SCC 124 : (2017) 6 JT 34

HON’BLE JUDGES
Kurian Joseph, J · R. Banumathi, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 439 · Penal Code, 1860 (IPC) — Section 147, Section 148, Section 149, Section 307, Section 323, Section 324, Section 325, Section 341
RESULT
Disposed Of
CASE NUMBER
Criminal Appeal No. 454 of 2017(@ Special Leave Petition (Crl.) No. 342 of 2017)
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Judgment

7 paragraphs · 218 words

Kurian, J. - Leave granted.

2.

The appellant has been in custody since 01.12.2015 in connection with Case No. 238 of 2015 registered at Police Station Bair, Rajasthan under Sections 147, 148, 149, 323, 341, 324, 325, 307 IPC.

3.

We are informed that the trial has commenced but only one witness has been examined. It is seen from the FIR that the genesis of the incident is the dispute on the firing of crackers and that there is no other dispute between the parties.

4.

When the matter came up before this Court, we issued notice to the de-facto complainant as well. However, there is no appearance on his behalf.

5.

Having regard to the factual background of the case, we are of the view that during the pendency of the trial, the appellant should be released on bail, on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount to the satisfaction of the competent court.

6.

We make it clear that the appellant shall cooperate with the trial and shall not influence witnesses in any way. In case of any non-cooperation on the part of the appellant, it shall be open to the State to apply for cancellation of bail.

7.

With the above observations and directions, the appeal is disposed of.