Supreme Court of India

RAJESH RANJAN @ PAPPU YADAVversusSTATE OF BIHAR THR. CBI

Citation: 2010 INSC 483
Decided: 5 August 2010
Disposal: Dismissed
Bench: MARKANDEY KATJUA K PATNAIK

Holding

The review petition and the application for exemption from surrender are dismissed, and the order cancelling bail is to be executed forthwith.

Summary

The Supreme Court had earlier set aside a High Court order granting bail to Rajesh Ranjan alias Pappu Yadav and directed his surrender. A review petition was filed challenging that order and also seeking exemption from surrender. The Court observed that despite the bail cancellation, the accused had neither surrendered nor been taken into custody. After examining the review petition and the exemption application, the Court found no merit in either and dismissed them. It directed the CBI and the Director General of Police, Bihar, to execute the bail cancellation order immediately and to report compliance within four weeks.

Issues considered

Whether the review petition challenging the Supreme Court's order cancelling bail is maintainable and merits reversal.
Whether the application for exemption from surrendering after bail cancellation should be entertained.

Subjects

bailcancellation of bailreview petitionsurrenderexemption from surrenderCBIcompliance order

Judgment

                        [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 KATJU 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
0 surrendering also filed - HELD: It is surprising to note that
  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
 RAJESH RANJAN @ PAPPU YADAV v. STATE OF                      691
              BIHAR THR. CBI
       The following order of the Court was delivered                 A
                             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 petitioner-
accused 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       D
connected papers as also the application for exemption from
surrendering. We do not find any merit therein and they are
dismissed accordingly.

     The CBI and Director General of Police, Bihar are directed       E
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.

R.P.                                 Review Petition dismissed.

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