The Supreme Court on Monday granted a week’s extension of interim bail to Vikas Yadav, serving a 25-year sentence in the 2002 Nitish Katara murder case.
The matter came up before a bench of Justices M M Sundresh and N Kotiswar Singh. However, as soon as the hearing began, Justice Singh recused himself from the case. Justice Sundresh then informed the lawyers that the matter would be reassigned to another bench after seeking orders from Chief Justice B R Gavai.
At this stage, Yadav’s counsel requested a short extension of interim bail, citing his client’s upcoming marriage. Opposing the plea, Neelam Katara, mother of the victim, argued through her counsel that Yadav had already married in July.
Despite the objection, the court allowed Yadav one more week of interim bail.
Background
Yadav, aged 54, has spent more than 23 years in prison. On July 29, the Supreme Court had granted him interim bail. Later, he sought an extension, claiming that his marriage was fixed for September 5 and that he needed time to arrange the ₹54 lakh fine imposed on him during sentencing.
The court on August 22 refused to extend his bail, observing it lacked jurisdiction as the sentence had already been upheld by the apex court. The high court adjourned the matter till September 2, leaving the question to be decided by the Supreme Court.
Earlier, another bench of Justices Dipankar Datta and A G Masih had also declined to interfere, directing that the matter be placed before Justice Sundresh, who had issued the July 29 bail order.
Court’s Observations
The Supreme Court noted that Yadav’s conviction—first by the trial court, then affirmed by the high court, and later upheld by the apex court during both appeal and review stages—was final.
“The high court prima facie seems to be justified in its opinion that once this court had affirmed the decision … it lacked jurisdiction to grant the petitioner’s prayer. If at all, it is this court which can consider and grant relief,” the bench observed.
Case Background
The Nitish Katara murder case dates back to 2002, when Katara, a young business executive, was abducted and killed. Yadav and his cousin Vishal Yadav were convicted, allegedly due to Katara’s relationship with Bharti Yadav, Vikas’s sister. Their families opposed the relationship because they belonged to different castes.
Vikas Yadav, son of Uttar Pradesh politician D P Yadav, was sentenced to 25 years in prison without remission. Vishal Yadav received the same punishment, while co-convict Sukhdev Pehalwan was sentenced to 20 years.
On July 29, the Supreme Court ordered Pehalwan’s release after he completed his sentence in March this year.
(Inputs by Sambhav Sharma)
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