LAWS(SC)-2007-11-40

RAJESH RANJAN YADAV ALIAS PAPPU YADAV Vs. CBI

Decided On November 30, 2007
RAJESH RANJAN YADAV ALIAS PAPPU YADAV Appellant
V/S
CBI Respondents

JUDGEMENT

(1.) This application for bail has been filed directly in this Court on the following grounds :

(2.) We are of the opinion that in the light of the facts that several bail applications filed by the appellant raising almost similar issues have been rejected no case for release on bail is made out. We are also of the opinion that the demise of the appellants father also does not ipso facto mean that he should be released on bail more particularly on account of the serious charges against him. We are therefore left with the last two points for consideration.

(3.) Mr. Rakesh Kumar Singh, the learned counsel for the appellant has very strenuously urged that despite the directions of this Court in Rajesh Ranjan Yadav @ Pappu Yadav vs. CBI through its Director, (2007) 1 SCC 70 while dismissing one of the bail applications filed by the appellant that the trial court was to ensure that the defence witnesses were examined on a day-to-day basis in accordance with a fixed time schedule so that the trial was completed as expeditiously as possible and the judgment delivered, the defence evidence had so far not been completed on account of the delaying tactics on the part of the CBI and it was therefore appropriate that the appellant be released on bail. It has also been pointed out that a direction had also been issued that as the appellant was lodged in Tihar Jail in Delhi and the trial was being conducted in Patna, video conference facilities be provided to the appellant in order to enable him oversee the proceedings in the trial but the said facilities were not being made available to him as the equipment had been damaged. It has also been argued that as the appellant was grossly overweight, he was required to undergo some invasive surgical process which required special care and nursing which could not be made available while the appellant remained in custody. Several documents in support of the appellants medical condition have been handed over to us in Court.