IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 874 OF 2010
ARISING OUT OF S.L.P. (CRL.) NO. 4428 OF 2009
ASGAR KHAN SHARIF KHAN
..... APPELLANT
VERSUS
MOHD. HUSSAIN SHAHABUDDIN PATEL & ANR.
....
RESPONDENTS
ORDER
Leave granted. We have heard the learned counsel for the parties. In view that various facts brought to us by the
counsel, we quash the order dated 26th February, 2009 and 16th March, 2009 and remit the case to the High Court for decision afresh. In the meanwhile, we also direct that the appellant Asgar Khan Sharif Khan shall not be released on bail pursuant to the orders made by the Sessions Judge and the matter will have to await the final decision of the High Court, on the application for bail. We also make it clear that we have not expressed any opinion on the merits of the case.
The appeal is disposed of with the above observations.
......................J [HARJIT SINGH BEDI]
......................J
[DEEPAK VERMA] NEW DELHI APRIL 23, 2010.