IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO.1377 OF 2009 (Arising out of S.L.P. (Crl.) No.6631 of 2006)

Abhimanyu Kumar (Dead) By L.R.               ...Appellant(s)

Versus

Surendra & Anr.                      ...Respondent(s)

O  R  D  E  R

Heard learned counsel for the parties.

Leave granted.

By this appeal, challenge has made to order of the  

High Court dated 5th October, 2006, whereby the Surendra,  

Respondent  No.1  herein  [hereinafter  referred  to  as  

“respondent”] has been granted bail in F.I.R. No.98/2006,  

P.S. Muradnagar, District Ghaziabad, Uttar Pradesh.   

Notice  was  issued  in  this  case  way  back  on  1st  

December, 2006, but the same could not be served as the  

respondent  was  apparently  absconding.   Orders  were  

thereafter issued that a proclamation under Sections 82 and  

83 of the Code of Criminal Procedure, 1973, be issued and  

this proclamation has, in fact, been issued.  Despite this  

proclamation, no counsel has put in appearance on behalf of  

the respondent.

...2/-

- 2 -  

Several  arguments  have  been  raised  by  learned  

counsel for the appellant with respect to the merits of the  

controversy but, in the light of the fact that they pertain  

to the merits of the case, we are not inclined to go into  

the findings recorded one way or the other.  Learned counsel  

further has put on record by way of Criminal Miscellaneous  

Petition  No.7182  of  2007  an  application  supported  by  an  

affidavit  and  appending  thereto  F.I.R.  No.241/2007,  P.S.  

Muradnagar, District Ghaziabad, Uttar Pradesh, whereby it  

appears that after the respondent had been released on bail  

he, along with others, has been involved in another case of  

murder.   In  this  view  of  the  matter,  we  set  aside  the  

impugned order of the High Court dated 5th October, 2006, and  

direct  that  the  respondent  shall  be  taken  into  custody  

forthwith.

The appeal is allowed in the above terms.

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

......................J.              [J.M. PANCHAL]

New Delhi, July 31, 2009.