IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 1676   OF 2008

[Arising out of SLP(Crl.) No. 3239/2008]

HASAN ... APPELLANT(S)

:VERSUS:

STATE OF U.P. AND ANR. ... RESPONDENT(S)

O R D E R

Leave granted.

The  first  informant  is  before  us  aggrieved  by  and  dissatisfied  with  the

judgment  and  order  dated  8.2.2008  passed  by  the  High  Court  of  Judicature  at

Allahabad granting bail in favour of the second respondent herein.

Learned  counsel  for  the  appellant  submits  that  keeping  in  view  the

statements made by Smt. Munni as also the order of the learned Session Judge and

furthermore in view of the fact that the second respondent had also been proceeded

against  for having  committed cognizable  offence,  the High Court  should  have not

granted bail in his favour.  

Learned counsel for the second  respondent on the other hand, contended

that the medical evidence does not support the prosecution case.

-2-

Be that as it  may, in view of the fact that the High Court in passing the

impugned judgment has not assigned any reasons, whatsoever, we are of the opinion

that the impugned judgment cannot be sustained.  

We are saying so as the learned Additional Government Advocate, appearing

on behalf of the State, raised a contention before the High Court that respondent No.2

was a person having criminal antecedents. The High Court, in our opinion, should

have considered that aspect of the matter as also other materials which have been

brought on record.

For the reasons aforementioned, the impugned judgment is set aside and the

matter is directed to be heard afresh by the High Court. The High Court shall take up

this matter for hearing either on 10th November, 2008 or any other date as may be

notified.  

It is made clear that the second respondent shall remain personally present

before the appropriate Bench of the High Court on  10th November, 2008 or any other

date fixed by the High Court.

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The appeal is allowed with the aforementioned observation and direction.

The Registry may transmit a copy of this order to the Registrar General of

the Allahabad High Court for compliance.     

...........................J (S.B. SINHA)

...........................J   (CYRIAC JOSEPH)    NEW DELHI, OCTOBER 17, 2008.