2012 INSC 0220
Shiv Mohan Kapoor

v.

State Of U.P.

(Supreme Court Of India)

HON'BLE MR. JUSTICE DALVEER BHANDARI HON'BLE MR. JUSTICE
DIPAK MISRA

Criminal Appeal No. 521 Of 2012 (Arising Out Of Slp(Crl.) No. 9662 Of 2011)
With Criminal Appeal No. 522 Of 2012 (Arising Out Of Slp(Crl.) No. 2023 Of
2012) (Crl.M.P. No. 5795 Of 2012) | 12-03-2012

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 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.

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(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 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.

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