Supreme CourtDivision Bench(2016) 07 SC CK 0158

Usha Sharma - Appellant @HASH Shambhu Sharan Singh and Another Etc.

Supreme Court Of India · Decided on 22 July 2016 · Citation: (2016) AllSCRCrl 1763

HON’BLE JUDGES
Pinaki Chandra Ghose and Uday Umesh Lalit, JJ.
RESULT
Allowed
CASE NUMBER
Criminal Appeal Nos. 682-684 of 2016 (@Petition(s) for Special Leave to Appeal (Crl.) No(s). 269-271 of 2015).

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Judgment

8 paragraphs · 301 words
1.

Leave granted.

2.

We have heard Mr. R.P. Bhatt, learned Senior counsel appearing for the appellant - complainant, Mr. Amit Sibal, learned Senior counsel appearing for Respondent No. 1 - accused viz. Mr. Shambhu Sharan Singh in Criminal Appeal No. 682 of 2016 and the learned counsel appearing for Respondent No. 1 viz. Dr. Shyam Sunder Singh @ Shyam Sunder Prasad Singh in Criminal Appeal No. 683 of 2016 and Mr. Rajendra Prasad Singhania in Criminal Appeal No. 684 of 2016 at length.

3.

It appears that the High Court has passed an order granting anticipatory bail to the accused - respondents herein in the matter.

4.

After carefully considering the material placed before us, we find that the above respondents are named as accused in the case instituted against them after killing of the complainant''s husband by the contract killer to have control over one institution namely Balika Vidyapith, Lakhisarai. We have specifically taken into account that the names of the accused have been mentioned in the First Information Report which was lodged by the wife of the deceased - complainant herein and two of them were doubted by the husband of the complainant during his life time.

5.

After considering the facts and circumstances of this case, we are of the considered opinion that the High Court was wrong in granting anticipatory bail to the accused - respondents at that stage without considering such facts which have been stated before us.

6.

Accordingly, we find that the impugned order of the High Court deserves to be set aside and is hereby set aside.

7.

As a consequence thereof, we grant four weeks'' time to the accused - respondents herein to surrender themselves in the concerned Police Station.

8.

Accordingly, the Criminal Appeals filed by the complainant are allowed.