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 KHANAPPELLANT
VERSUS
MOHD. HUSSAIN SHAHABUDDIN PATEL & ANR.RESPONDENTS
O R D E R
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.