AI Structured Summary
Not yet generated for this judgment
Judgment
SLP (Crl.) No(s).21367/2025
We have heard learned Additional Solicitor General of India at a considerable length in support of this special leave petition filed by the CBI. We have also heard learned senior counsel representing the respondent (convict).
We find that there are various substantial questions of law which arise for consideration in the special leave petition.
Issue notice, returnable on 20.01.2026.
Mr. P.S. Sudheer, AOR accepts notice on behalf of respondent.
Counter affidavit, if any, be filed within four weeks.
We are conscious of the fact that ordinarily when a convict/under-trial has been released on bail pursuant to an order passed by the Trial Court or the High Court, such order shall not be stayed by this Court without hearing such person. However, the instant matter revolves around certain unique facts and circumstances, wherein the respondent-convict is also separately convicted and sentenced in a case under Section 304 Part II of the IPC and is consequently still in custody. We are informed that in such proceedings also, the respondent-convict has applied for bail, and after hearing the arguments, the order is said to have been reserved by the concerned Court.
Keeping in mind these peculiar circumstances, we deem it appropriate to stay the operation of the impugned order dated 23.12.2025 passed by the High Court.
Consequently, the respondent shall not be released from custody pursuant to the said order.
The victim has a statutory right to file a separate special leave petition. She does not require any liberty from this Court. In case she needs any free legal aid, the Supreme Court Legal Services Committee is directed to provide such services to her. However, she may, if so advised, file her appeal through counsel of her own choice.
Diary No(s).75128/2025
Post the matter on 20.01.2026.