Rajesh Ranjan alias Pappu Yadav v. State of Bihar through CBI

Case Details & Bench

Court: High Court
Hon'ble Judges: Markandey Katju
A.K. Patnaik
Judgment Date: 2010-08-05
Court Decision / Holding: Review Petition dismissed.
Final Disposition: Review Petition dismissed.

Parties to the Case

Appellants / Petitioners

Rajesh Ranjan alias Pappu Yadav

Respondents

State of Bihar through CBI

Legal Representation & Advocates

Counsels for Petitioners

• Prem Prakash

Case Synopsis & Summary

This is a Review Petition in the Criminal Appellate Jurisdiction challenging this Court's May 3, 2010 order that set aside the High Court’s February 18, 2009 bail grant to Rajesh Ranjan alias Pappu Yadav and directed that he be taken into custody forthwith. An application for exemption from surrender was filed with the review petition. The Court notes that despite cancellation of bail by this Court, the accused has neither surrendered nor been taken into custody. After careful perusal of the review petition and the connected papers, the Court finds no merit in the review petition or the exemption-from-surrender application, and they are dismissed. The CBI and the Director General of Police, Bihar, are directed to execute the Court's order dated May 3, 2010 forthwith and to file a compliance report within four weeks. The order underscores the Court's vigilance in ensuring compliance with its directions and in securing custody of the accused where bail has been cancelled. The decision closes the petition but preserves the earlier directive that the accused be taken into custody.

Submissions & Arguments

Contentions of Appellants / Petitioners

The applicant submitted for review of this Court's May 3, 2010 order setting aside the February 18, 2009 bail and directed custody, and also filed an application seeking exemption from surrender. The petitioner contends there are grounds for review of the order and that surrender should be exempted.

Contentions of Respondents

The respondents opposed the petition, supporting the earlier order cancelling bail and emphasizing the need to enforce custody. The Court ultimately found no merit in the review petition or the exemption-from-surrender request, maintaining the directive to arrest the petitioner.

Extracted Judgment Text

Exact text extracted from official judgment records.

# [2010] 9 S.C.R. 690 A ## RAJESH RANJAN @ PAPPU YADAV _v._ STATE OF BIHAR THR. CBI Review Petition (Criminal) No. 352 of 2010 In B (Criminal Appeal No. 960 of 2010) AUGUST 5, 2010 ## **[MARKANDEY KAT JU AND A.K. PATNAfK, JJ.]** C _Review:_ > _Petition seeking review of the order of Supreme Court whereby it set aside the order of High Court granting bail to_ - _review petitioner Application for exemption from_ - _surrendering also filed HELD: It is surprising to note that_ 0 > _despite cancellation of bail of the accused by the Court, neither the accused has surren.dered nor he has been taken into custody_ - _There is no merit in the review petition as also the application for exemption from surrendering and they are_ E _dismissed accordingly_ - _CBI and Director General of Police, Bihar directed to execute the order of the Court dated May 3, 2010 forthwith and send_ a _compliance report to the Court_ - - _Bail Cancellation of_ CRIMINAL APPELLATE JURISDICTION: Review Petition F (Crl.} No. 352 of 2010. IN Criminal Appeal No. 960 of 2010. G Against the Order dated 03.05.2010 passed by this Hon'ble Court in Crl. A.No. 960 of 2010. Prem Prakash for the Petitioner. H 690 A # RAJESH RANJAN @ PAPPU YADAV _v._ STATE OF 691 BIHAR THR. CBI The following order of the Court was delivered ## **ORDER** This Review Petition has been filed seeking review of this Court's order dated May 03, 2010, whereby we have set aside the impugned judgment and order dated 18.02.2009 granting B bail to the petitioner herein. It was directed that the petitioneraccused Rajesh Ranjan alias Pappu Yadav be taken into custody forthwith. An application for exemption from surrendering has also c been filed with this review petition. We are surprised to note that despite cancellation of bail of the accused by this Court, neither the accused has surrendered nor he has been taken into custody. We have carefully gone through the review petition and the connected papers as also the application for exemption from surrendering. We do not find any merit therein and they are dismissed accordingly. D The CBI and Director General of Police, Bihar are directed to execute the order of this Court dated May 03, 2010 forthwith and send a compliance report to this Court within four weeks from today. E R.P. Review Petition dismissed.