VISHNU Vs. STATE OF RAJASTHAN & ANR.

Supreme Court of India (Division Bench (DB)- Two Judge)

Appeal (Crl.), 454 of 2017, Judgment Date: Mar 03, 2017

                                                              NON-REPORTABLE

                        IN THE SUPREME COURT OF INDIA
                       CRIMINAL APPELLATE JURISDICTION

                       CRIMINAL APPEAL NO. 454 OF 2017
             [ @ SPECIAL LEAVE PETITION (CRL.) No. 342 OF 2017 ]


VISHNU                                                         Appellant (s)

                                VERSUS

STATE OF RAJASTHAN & ANR.                                      Respondent(s)

                               J U D G M E N T

KURIAN, J.
1.    Leave granted.

2.    The appellant has been in custody since 01.12.2015 in connection  with
Case No. 238 of 2015 registered at  Police  Station  Bair,  Rajasthan  under
Sections 147, 148, 149, 323, 341, 324, 325, 307 IPC.

3.    We are informed that the trial has commenced but only one witness  has
been examined.  It is seen from the FIR that the genesis of the incident  is
the dispute on the firing of crackers and that there  is  no  other  dispute
between the parties.

4.    When the matter came up before this Court, we issued notice to the de-
facto complainant as well.  However, there is no appearance on his behalf.

5.    Having regard to the factual background of the case,  we  are  of  the
view that during  the  pendency  of  the  trial,  the  appellant  should  be
released on bail,  on  furnishing  bail  bonds  of  Rs.  10,000/-  with  two
sureties of the like amount to the satisfaction of the competent court.

6.    We make it clear that the appellant shall  cooperate  with  the  trial
and shall not  influence  witnesses  in  any  way.   In  case  of  any  non-
cooperation on the part of the appellant, it shall be open to the  State  to
apply for cancellation of bail.

7.    With the above observations and directions,  the  appeal  is  disposed
of.

                                                   .......................J.
                                                           [ KURIAN JOSEPH ]


                                                   .......................J.
                                                            [ R. BANUMATHI ]

      New Delhi;
      March 03, 2017.