LAWS(SC)-2005-1-27

KALYAN CHANDRA SARKAR Vs. RAJESH RANJAN

Decided On January 18, 2005
KALYAN CHANDRA SARKAR Appellant
V/S
Rajesh Ranjan @ Pappu Yadav And Anr Respondents

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Leave granted in SLP(Crl) No. 4954 of 2004.

(3.) These are two criminal appeals challenging an order dated 21-9-2004 made by the High Court of Judicature at Patna in Criminal Miscellaneous No. 9220 of 2004 which was an application filed by respondent No.1 (hereinafter referred to as the respondent) seeking the grant of bail in Sessions Trial No. 976 of 1999 pending before the CBI Court. In the said case the said respondent is charged for offences punishable under Sections 302 read with 34, 307 read with 34, 120-B, 302/307 IPC and Section 27 of the Arms Act. This application before the High Court for grant of bail was the 9th application in the series of application filed by the said respondent for grant of bail. His earlier applications were either rejected by the High Court or when granted by the High Court were set aside by this Court. As a matter of fact, this Court in two earlier appeals had set aside the orders of the High Court dated 6-9-2000 and 23-5-2003 granting bail to the said respondent. The said orders of this Court are since reported in the case of Union of India and another vs. Rajesh Ranjan alias Pappu Yadav (2004) 7 SCC 539 (I) and in Kalyan Chandra Sarkar vs. Rajesh Ranjan alias Pappu Yadav and another (2004) 7 SCC 528 (II). It is also relevant to note that when his earlier applications were rejected by the High Court the appeals filed by the respondent were dismissed by this Court confirming the refusal of the bail.