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NON-REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 454 OF 2017

[ @ SPECIAL LEAVE PETITION (CRL.) No. 342 OF 2017 ]  VISHNU                                        Appellant (s)

                               VERSUS STATE OF RAJASTHAN & ANR.                     Respondent(s)

J U D G M E N T

KURIAN, J. 1. 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.

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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.      

.......................J.               [ KURIAN JOSEPH ]  

.......................J.               [ R. BANUMATHI ]  

New Delhi; March 03, 2017.