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Synopsis

The Supreme Court has on April 19 cancelled bail granted to two persons allegedly involved in a twin murder case, who were also accused of killing a police constable in their judicial custody.

A bench of Justices Vikram Nath and Sanjay Kumar allowed a plea by Jadunath Singh, the complainant in the case, against the Allahabad High Court's order which granted the bail to accused Chandra Kumar and Rishi Kumar on the ground of parity with co-accused and the fact that they had been in jail for 10 years.

The complainant was aggrieved with the High Court's order which granted bail to Aravind Kumar and his two sons Chandra and Rishi, who along with two other co-accused were held guilty and sentenced to life imprisonment in 2011 case related to killings of two persons in a dispute over a plot of land, during the pendency of their appeal against the trial court's order.

In 2013, during the judicial custody on being produced before the court, two accused Chandra and Rishi escaped after killing a police constable. A subsequent murder case was lodged against them. They were later arrested by the UP STF from Maharashtra where they had opened the fire on the police party.

The complainant contended the accused were dreaded criminals as they initially committed two murders and later killed a police constable during the trial. He feared that after being released from jail, they may hatch a conspiracy to eliminate him and his family.

After hearing the parties, the bench noted complete facts have not been placed before the High Court, which ought to have been done.

The parity mentioned by the High Court relating to two co-accused was clearly distinguishable not only with respect to their role in the case in hand but also, they were not involved in the murder of police constable, the bench said.

"In our considered opinion, two accused respondents namely Chandra Kumar and Rishi Kumar despite their period of incarceration of more than 10 years would not be entitled to grant of bail for their subsequent conduct for which they are facing separate trial," the bench said.

With regard to accused Arvind Kumar, the bench said, he has not charge sheeted in the murder case of constable, so the court was not inclined to interfere with the order of the High Court granting bail to him.

"However, insofar as the other two accused Rishi Kumar and Chandra Kumar are concerned, their bail deserves to be cancelled," the bench said.

"They may surrender within two weeks failing which the High court will take appropriate steps for taking them into custody using coercive measures as are permissible under law," the bench added.