REPORTABLE IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NOS. 1725-1726 OF 2011 (arising out of SLP (Crl.) Nos. 6734-6735 of 2011

@ Crl.M.P. Nos. 17005-17006 of 2011)

JERMANI YADAV .....APPELLANT(S)

VERSUS

STATE OF BIHAR .....RESPONDENT(S)

O R D E R

Delay condoned.

Leave granted.

By the order of the High Court, the appellant has  

been apparently granted bail.  But in reality that is not  

so, because the High Court put an extraordinary rider that  

the appellant would come out only after remaining in jail  

for  the  same  period  as  another  co-accused  in  the  case,  

namely  Bipin  Yadav.   Consequently,  the  appellant  must  

remain in jail upto November 24, 2014.

According to the prosecution case, in revenge for  

the  killings  of  Shambhu  Yadav  and  Jagdev  Yadav,  the  

accused,  including  the  present  appellant,  picked  up  one  

Gorakh Yadav (a child aged about 10 years), who happened to  

be the nephew of one of the accused who killed Shambhu  

Yadav  and  Jagdev  Yadav.   The  appellant  and  the  other  

accused in the case are alleged to have brought the child  

to  the  spot  where  the  bodies  of  their  associates  and  

friends  Shambhu  Yadav  and  Jagdev  Yadav  were  lying  and  

killed him there by gunshots.

The occurrence took place on December 08, 1999.  

The  appellant  was  taken  in  custody  10  years  later  on  

November 24, 2009.

.....2/-

: 2 :

While  pressing  the  bail  application  before  the  

High Court, it appears to have been submitted that another  

co-accused in the case Bipin Yadav was released on bail.  

It may be noted here that Bipin Yadav had surrendered on  

August 16, 2002 and he was released on bail on March 15,  

2007.

The  High  Court  might  have  rejected  the  bail  

application of the appellant on the ground that he was an  

absconder  for  10  years  and  his  case  was,  therefore,  

distinguishable from Bipin Yadav; or the High Court might  

have  taken  steps  for  an  expeditious  conclusion  of  the  

appellant's trial.  Instead, the High Court adopted rather  

a strange course and while directing the appellant to be  

released  on  bail  added  the  condition  that  he  would  be  

enlarged on bail  'only after he completes life period of  

custody as co-accused Bipin Yadav'.  As noted above, before  

being released on bail Bipin Yadav had remained in jail for  

4 years 6 months and 28 days.  Consequently, the appellant  

may not be released before November 24, 2014.

We find the order of the High Court difficult to  

sustain.  We, accordingly, set aside the order and direct  

the High Court to reconsider the appellant's application  

for  bail  afresh  and  to  pass  appropriate  orders  in  

accordance with law.

The criminal appeals are allowed in the aforesaid  

terms.

..................J (AFTAB ALAM)

..................J (R.M. LODHA)

NEW DELHI, SEPTEMBER 02, 2011.

ITEM NO.28               COURT NO.9             SECTION IIA

           S U P R E M E   C O U R T   O F   I N D I A                          RECORD OF PROCEEDINGS                      Petition(s) for Special Leave to Appeal (Crl)... 2011                                         CRLMP.NO(s). 17005-17006

(From the judgement and order 02/07/2010 dated CRLM No. 22328/2010 and order dated 15/09/2010 in CRLM No. 33394/2010 of the HIGH COURT OF PATNA)

JERMANI YADAV                                     Petitioner(s)

                VERSUS

STATE OF BIHAR                                    Respondent(s)

(With appln(s) for c/delay in filing SLP and office report)

Date: 02/09/2011  These Petitions were called on for hearing today.

CORAM :         HON'BLE MR. JUSTICE AFTAB ALAM         HON'BLE MR. JUSTICE R.M. LODHA

For Petitioner(s) Mr. Kundan Kumar Mishra, Adv. Mr. Anil Kr. Mishra, Adv. Mr. Rakesh Malviya, Adv.

For Respondent(s)

          UPON hearing counsel the Court made the following                                O R D E R  

Delay condoned.

Leave granted.

The criminal appeals are allowed.

(N.S.K. Kamesh) Court Master

(S.S.R. Krishna) Court Master

(signed reportable order is placed on the file)