TMI Blog2001 (12) TMI 906X X X X Extracts X X X X X X X X Extracts X X X X ..... hem. In this case both the Petitioners surrendered before the Special Court on 26.11.2001 and they continue in detention. When these petitions were taken up Shri Mukul Rohtagi, learned Addl. Solicitor General raised a preliminary objection that the Petitioners must first approach the High Court of Ranchi in challenge of the impugned orders before approaching this Court with the Special Leave Petition. Shri Kapil Sibal, learned senior counsel appearing for Lalu Prasad Yadav submitted that in view of the special circumstances of this case this Court may be pleased to entertain the Special Leave Petition even though the Petitioner has not approached the High Court first. The circumstances are these: 2. These Petitioners are involved as accu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... become infructuous when a three Judge Bench of this Court has ordered that thirty-six cases connected with Bihar Fodder Scam (including RC 47A) stood transferred to the State of Jharkhand pursuant to operation of the provisions of Bihar States Reorganisation Act. It was in the aforesaid context that interlocutory application for bail was heard and dismissed it by this Court suggesting that they may first surrender before the trial court and apply for bail. 3. Shri P.S. Mishra, learned senior counsel arguing for Jagannath Mishra submitted that the Petitioner has in fact approached the High Court in challenge of the impugned order but he withdrew the Bail Application No. 9538 of 2001 (R) on 4.12.2001 for approaching this Court in Special ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... case including the fact that Petitioners were in jail for a period of more than six months by now (which partly includes the pre-trial detention in other connected cases also) we do not think that further detention of them as pre-trial prisoners would be of any necessity in this case. 8. Shri Mukul Rohtagi, learned Addl. Solicitor General while opposing the bail application submitted that the Appellants are very powerful persons and influential and if they are allowed to be at large they would tamper with the evidence, threaten witnesses and impair the progress of the trial. Learned Counsel appearing for the Appellants submitted that the Appellants would not do any of such acts and they are prepared to abide by any condition imposed by ..... X X X X Extracts X X X X X X X X Extracts X X X X
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