IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 874 OF 2010 ARISING OUT OF S.L.P. (CRL.) NO. 4428 OF 2009

 ASGAR KHAN SHARIF KHAN  ..... APPELLANT

VERSUS

MOHD. HUSSAIN SHAHABUDDIN PATEL & ANR. .... RESPONDENTS

O R D E R

Leave granted.  We have heard the learned counsel for the parties.   

In  view  that  various  facts  brought  to  us  by  the  

counsel, we quash the order dated 26th February, 2009 and  

16th March, 2009 and remit the case to the High Court for  

decision afresh.  In the meanwhile, we also direct that the  

appellant Asgar Khan Sharif Khan shall not be released on  

bail pursuant to the orders made by the Sessions Judge and  

the matter will have to await the final decision of the High  

Court, on the application for bail.  We also make it clear  

that we have not expressed any opinion on the merits of the  

case.

The appeal is disposed of with the above observations.

   ......................J  [HARJIT SINGH BEDI]

......................J

  [DEEPAK VERMA]

NEW DELHI APRIL 23, 2010.