• Sunil Kumar Vs. Vipin Kumar

  • Head Notes

    • Sunil Kumar v. Vipin Kumar, Criminal Appeal No. 1664/2014 , Judgment Dated- 07/08/2014),  Citations- 2014 AIR(SC) 3400= 2014(8) SCC 868= 2014(9) JT 1= 2014(9) SCALE 234= 2014(6) Supreme 446=  2014(6) SLT 743=  2014 CrLJ 4171=  2014(4) Crimes 17(SC) Bench- Dipak Misra & V. Gopala Gowda, JJ, Supreme Cpurt Of India.: Penal Code, 1860 - Sections 302, 307 & 34 - Arms Act, 1959 - Section 25 (Para 18 & 19).- Criminal Procedure Code, 1973 - Sections 389 & 439 - Post Conviction In The Offences Which Attract 10 Years & More Sentence- Bail during pendency of appeal- Grant of, when valid, absence of misuse of liberty granted earlier and remote chances of hearing in near future, effect of - Conviction of respondent nos. 2 and 3 under Sections 302/307/34 IPC and Arms Act - Appeal by complainant/brother of victim against enlargement of convicts/respondent nos. 2 and 3 on bail by High Court - Held, High Court rightly applied its discretionary power to enlarge respondents on bail - Firstly, convictions of respondents not confirmed by appellate court - Secondly, respondents had been granted bail earlier and not misuse liberty - Also, respondents conceded to occurrence of incident though with a different version - As chance of appeal being heard in near future extremely remote, hence, High Court released respondents on bail on basis of sound legal reasoning- Appeal dismissed [Full PDF Judgment].
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