Surendra Pal vs State of U.P.

O.P. Jain, J.—Sri V.C. Tiwari Senior Advocate assisted by Dr. C.P. Upadhyay and Sri Manish Tiwari is present for the accusedapplicant. Sri VK. Jaiswal is present for the complainant and A.G.A. for the State.

Accused Raj Karan, Onkar and Surendra Pal were bailed out by this Court in appeal on 1st October, 1985 in connection with an incident which took place in the year 1984, On 16th December, 1997, there was another incident of murder in which these three persons along with some others are said to have committed an offence under Section 302 and some other sections of I.P.C On that ground the bail granted to Raj Karan, Onkar and Surendra Pal in the year 1985 was cancelled by this Court on 1151998.

On 13th November, 1998 Raj Karan and Onkar were again released on bail in the criminal appeal on the ground that they have been granted bail in connection with the incident dated 16121997. However, the bail application of Surendra Pal was rejected because he was not released on bail in connection with incident of 1997.

Now Surendra Pal has been released on bail in connection with incident of 1997 by order of this Court dated 10th December, 1998. Therefore, a bail application has been filed on his behalf and it is argued that his case is similar to that of Raj Karan and Onkar.

The bail application of Surendra Pal is opposed by me learned Counsel for the complainant on the ground that Surendra Pal was granted bail by giving parity with accused Surendra Pal and it is stated that the bail order in respect of Suresh Pal has been set aside by the Apex Court and the matter has been remanded to this Court.

After giving the matter my careful consideration I am of the opinion that it will not serve any useful purpose to pass orders in his criminal appeal on the basis of orders which are being passed from time to time, in the case relating to the incident of 1997. If some accused is granted bail in connection with incident of 1997, he will be released and if his bail is cancelled or if his bail is refused, he will remain in jail.

Therefore, taking into consideration all the facts and circumstances of the case, bail application of Surendra Pal is allowed and he is ordered to be enlarged on bail to the satisfaction of C.J.M., Ghaziabad.