The Telegraph
Since 1st March, 1999
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Pontiff parallel fails for Pappu

New Delhi, Jan. 18: The Supreme Court today quashed a Patna High Court order granting interim bail to Madhepura MP, Pappu Yadav, and upheld the appeal preferred by the CBI and the brother of the slain CPM leader Ajit Sarkar.

The apex court, however, adjourned hearing till February 1 on the CBI's prayer to shift Yadav to a jail in Tamil Nadu or Gujarat in the interest of a free and fair trial. The plea was opposed by Yadav's counsel, R.K. Jain, who cited a Supreme Court order that even convicted criminals should not be kept too far away from their relatives.

Last week, Yadav had contended before the court that he should be granted bail as the same relief had been given to the Kanchi seer, arrested in connection with the Shankar Raman murder case. A three judge bench of Justices N. Santosh Hegde, S.B. Sinha and P.K. Balasubramanyan said the court had 'distinguished' the facts of the sankaracharya case from Yadav's and the two could not be compared.

Kalyan Chandra Sarkar, the brother of slain trade union leader Ajit Sarkar, had appealed to the court seeking cancellation of Yadav's bail. 'While deciding cases on facts, more so in criminal cases, the court should bear in mind that each case must rest on its own facts and the similarity of facts in one case cannot be used to bear in mind the conclusion of fact in another case,' the bench observed.

But the judges restrained from analysing the evidence and said 'the prosecution has established a prima facie case against the accused'.

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