1 IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NOS. 242-243/2023 [@ SLP [CRL.] NOS.10370-10371/2018]
KRISHNA KUMAR@KRISHNA RAI Appellant(s)
VERSUS
UNION OF INDIA Respondent(s)

O R D E R
Leave granted.
In respect of a co-accused orders were passed on 07.08.2018 in Criminal Appeal No.970/2018. The further development since then is that the investigation has been completed and trial is in progress. There is no case that the appellant did not cooperate with the investigation.
We are inclined to apply the course of action as set out in the aforesaid order which is re-produced as under.
5.In view of the above circumstances, we are of the view that for facilitating the trial the appellant should surrender before the Trial Court within two weeks from today. On such surrender, he shall be released on bail under Section 439 Cr.P.C., on such conditions as may be imposed by the Trial Court. In case, the appellant does not cooperate with the trial it will be open to the prosecution to move for cancellation of bail.Ordered accordingly.
2 We thus, dispose of the appeals in terms aforesaid.…….J. [SANJAY KISHAN KAUL] ……..J.
[ABHAY S. OKA]
NEW DELHI;
JANUARY 30, 2023.
3 ITEM NO.7 COURT NO.2 SECTION II-A S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) Nos.10370-10371/2018
(Arising out of impugned final judgment and order dated 08-05-2017 in CRL.MISC. No.8489/2017 & 26-09-2018 in CRL.MISC. No.59406/2018 passed by the High Court Of Judicature At Patna)
KRISHNA KUMAR@KRISHNA RAI Petitioner(s)
VERSUS
UNION OF INDIA Respondent(s)
(IA No. 159842/2018 – EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT)

WITH
SLP(Crl) No. 1268/2022 (II-A)
IA No. 20608/2022 – EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT)

Date : 30-01-2023 These matters were called on for hearing today.
CORAM : HON’BLE MR. JUSTICE SANJAY KISHAN KAUL
HON’BLE MR. JUSTICE ABHAY S. OKA
For Petitioner(s) Mr. Amjad Hussain, Adv.
Mr. Ritesh Singh, Adv.
Mr. Manish Singh, Adv.
Mr. Ajay Kumar Singh, Adv.
Ms. Rubi Kumari, Adv.
Mr. B. D. Patel, Adv.
Mr. Somanatha Padhan, AOR
Mr. Gaurav Agrawal, AOR

For Respondent(s) Mr. K. M. Nataraj, A.S.G.
Mr. Mukesh Kumar Maroria, AOR
Mr. Zoheb Hussain, Adv.
Mr. Kanu Agarwal, Adv.
Mr. Shailesh Madiyal, Adv.
Ms. Meena Devi, Adv.
Mr. Nakul Chengappa K.K., Adv.

UPON hearing the counsel the Court made the following
O R D E R
SLP [CRL.] NOS.10370-10371/2018
Leave granted.
The appeals stand disposed of in terms of the signed
order, inter alia directing as follows:
We are inclined to apply the course of action as set out in the aforesaid order which is re- produced as under.
In view of the above circumstances, we are of the view that for facilitating the trial the appellant should surrender before the
Trial Court within two weeks from today. On such surrender, he shall be released on bail under Section 439 Cr.P.C., on such conditions as may be imposed by the Trial Court. In case, the appellant does not cooperate with the trial it will be open to the prosecution to move for cancellation of bail.
Ordered accordingly.
Pending application(s) stand disposed of.

Application seeking exemption from filing c/c of the impugned judgment is allowed.
Learned counsel for the appellant seeks parity with the other two co-accused in Criminal Appeal No.970/2018 dated 07.08.2018 and Criminal Appeal Nos.242-243 / 2023 @ SLP [CRL.] NOS.10370-10371/2018 decided today.
Issue notice.
Learned counsel for the respondent accepts notice.
Learned counsel will obtain instructions by the next date.
List on 20.02.2023.
(RASHMI DHYANI PANT) (POONAM VAID)
COURT MASTER COURT MASTER
(signed order is placed on the file)