SC rejects Pappu Yadav's bail plea

NEW DELHI: In a jolt to controversial RJD MP Rajesh Ranjan alias Pappu Yadav, the Supreme Court on Thursday dismissed his bail petition in the murder case of CPI(M) leader Ajit Sarkar with a direction that no such plea will be considered by any court in this regard.

"On the facts and circumstances of the case, we find no merit in this appeal," a Bench comprising Justice S B Sinha and Justice Markandey Katju said.

Dismissing his appeal against the Patna High Court order, the Bench also barred him from approaching any court for bail till the trial of the case is completed.

Justice Katju, writing the judgement for the Bench, made it clear that "no further application for bail will be considered in this case by any court, as already a large number of bail applications have been rejected earlier, both by the High Court and this Court".

The Bench directed the trial court to ensure that the defence witnesses are examined on a day-to-day basis in accordance with a fixed time schedule so that the trial is completed as expeditiously as possible and the judgement is delivered soon.

CBI has chargesheeted the RJD MP from Madhepura for allegedly eliminating Sarkar, a CPM leader from Purnea, in 1998 with the help of other gangsters including Rajan Tiwari.

Yadav was shifted from Beur Jail, Patna to Tihar Jail in Delhi after the apex court cancelled his bail on January 19, 2005, taking strong exception to the "five star" treatment being provided to him despite being an undertrial in the case.

The court had expressed annoyance over his conduct both inside and outside the prison.

The Court rejected Yadav's contention for grant of bail on ground of being an MP on four occasions.

"In our opinion, this is wholly irrelevant. The law is no respecter of persons, and is the same for everyone," the Bench said.

It refused to accept the plea that the accused should be released on bail since he had already been in jail for more than six years, saying that Article 21 of the Constitution has to be exercised with reasonable restrictions.

"We are of the opinion that while it is true that Article 21 is of great importance because it enshrines the fundamental right to individual liberty, but at the same time a balance has to be struck between the right to individual liberty and the interest of the society.

"No right can be absolute, and reasonable restrictions can be placed on them. While it is true that one of the consideration in deciding whether to grant bail to an accused is whether he has been in jail for a long time, the court has to take into consideration other facts and circumstances, such as the interest of the society," it said.

Maintaining that the case before it was of triple murder in which Rajan Tiwari and other assailants were hired allegedly by Yadav to commit ghastly crime, the Bench said "we are of the opinion on the facts and circumstances of the case that this is certainly not a case fit for grant of bail".

The court said bail cannot be granted to the MP since the prosecution witnesses have been examined and the defence witnesses alone are to be examined.

"It would, in our opinion, be wholly inappropriate to grant bail when not only the investigation is over but even the trial is partly over and the allegations against the accused are serious," the Bench said.