Page 1

1

IN THE SUPREME COURT OF INDIA

CRIMINAL  APPELLATE JURISDICTION  

CRIMINAL      APPEAL     NO.     521       OF      2012   (Arising out of SLP(Crl.) No.9662/2011)

SHIV MOHAN KAPOOR                         Appellant(s)                      :VERSUS:

STATE OF U.P. AND ANR.                    Respondent(s)

WITH

CRIMINAL      APPEAL     NO.     522       OF      2012   (Arising out of SLP(Crl.) No. 2023/2012)                    (CRL.M.P. No.5795/2012)

MOTI SINGH SIKARWAR                      Appellant(s)                      :VERSUS:

STATE OF U.P. AND ANR.                    Respondent(s)

O     R     D     E     R   

1. Leave granted.

2. We have heard the learned counsel for the  

parties.

3. The appellants filed applications for bail  

before the High Court and  a learned Single Judge of  

the High Court, on considering the case of co-

accused Asha Rani Verma to whom bail had already  

been granted, granted bail to the appellants on the  

ground of parity. On an application made by the  

complainant, the High Court cancelled the bail

Page 2

2

granted to the appellants.   

4. At the outset, it is submitted by the learned  

counsel appearing on behalf of the appellants that  

both the appellants have already remained in jail  

for more than 3 months.   

5. On a consideration of the totality of the  

facts and circumstances of this case, in our  

considered view, the impugned order passed by the  

High Court cancelling the bail granted to the  

appellants is harsh and drastic. Consequently, the  

impugned order passed by the High Court is set aside  

and the appellants are granted bail on the following  

conditions:  

(i) The appellants shall report to the police  

station concerned once a week i.e. on every Sunday  

at 11.00 a.m.

(ii) The appellants shall remain present in Court  

on each date of hearing and in case the appellants  

are absent, the Trial Court would be at liberty to  

cancel the bail granted to the accused-appellants.  

(iii) The appellants shall fully cooperate with the  

Trial Court.  

(iv) The Trial Court shall carefully watch the  

conduct of the appellants and in case the Trial

Page 3

3

Court is of the view that they are interfering with  

the process of the Court, the Trial Court would be  

at liberty to cancel the bail granted to them.  

6. In the peculiar facts and circumstances of  

this case, we request the Trial Court to conclude  

the trial as expeditiously as possible, in any  

event, within six months from the date of  

communication of this order.  

7. With the aforementioned observations and  

directions these appeals are disposed of.  

.....................J (DALVEER BHANDARI)

.....................J (DIPAK MISRA)

New Delhi; March 12, 2012.