SUPREME COURT OF INDIA
Arvind Mohan Johri
Vs.
State of U.P.
Crl.Mps.Nos.5805-06 of 2005
(S. B. Sinha, B. N. Srikrishna and N. Santosh Hegde JJ.)
12.05.2005
JUDGMENT
S. B. Sinha, J.
1. This application is being entertained on a statement made by the learned
Senior Counsel appearing for the applicant that they have surrendered to the
bail.
2. This Court as per its order dated 3-11-2004 (Arvind Mohan John v. State
of U.P.1) granted bail to the applicants because of the
assurance given by the applicants that the entire amount due to the creditors
will be made available for distribution amongst them. Subsequently it was found
that assurance was not correct because the assets that were shown to this Court
were disputed and were not available for distribution. It is based on that fact
by our order dated 4-5-2005 (Arvind Mohan John v. State of U.P., we
cancelled the grant of bail earlier granted.
3. By this application the applicant prays that his right to move any fresh application
for bail on other grounds if any should not be foreclosed. He submits that what
is stated in the order dated 4-5-2005 (Arvind Mohan John v. State of U.P.)
should not be a ground to refuse bail if in law he is otherwise entitled to.
4. We have heard learned counsel for the respondent. We think it appropriate
that a modification in our order dated 4-5-2005 (Arvind Mohan John v. State of
U.P., is necessary. Therefore, we clarify that while cancelling the bail
on 4-5-2005 (Arvind Mohan John v. State of U.P.
12005 (4) SCC 640