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Head Note

The Code of Criminal Procedure, 1973  - Section 389 , Section 439 , Indian Penal Code,1860  - Section 302 , Section 34 , Section 120-B

Bail - Grant of - During Pendency of Appeal - Four more criminal cases pending against the Respondent No.2 -His antecedents have not been taken into account by the High Court while granting bail - Respondent No.2 has not furnished bail bond in pursuance of the order of the High Court and has continued to remain in prison -Held the contention raised on behalf of the appellant that the respondent has criminal antecedents and direct role in the murder which render the order granting bail vulnerable cannot to be brushed aside - Without expressing any opinion on merits the impugned order passed by the High Court granting bail to respondent No.2 set aside - High Court requested to decide the appeal expeditiously and as far as possible within one year from the date of receipt of this order -If there is undue delay in hearing of the appeal, the respondent will be at liberty to apply for bail again.

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