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MLA murder case: SC directs UP politician to surrender back to jail on Nov 16

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Press Trust of India New Delhi

The Supreme Court on Tuesday directed controversial Uttar Pradesh politician D P Yadav, convicted in a murder case and now on interim bail on medical grounds, to go back to Dehradun jail on November 16 to serve the remainder of his life sentence.

Yadav was awarded life imprisonment by a CBI court in Dehradun in 2015 for his role in the murder of Mahendra Singh Bhati, an MLA from Ghaziabad's Dadri area. The lawmaker was shot dead at Dadri railway crossing in December 1992.

A bench comprising Chief Justice Ranjan Gogoi and Justice S K Kaul took note of the recent medical report of Yashoda Superspeciality Hospital at Ghaziabad that Yadav had undergone a spinal surgery on October 19 and was likely to be released from the hospital on November 3.

 

The court took note of the report and directed that Yadav can remain with his family for two weeks and then will have to go back to the jail to serve the remainder of the sentence.

It also disposed of Yadav's appeal which was filed challenging the Uttarakhand High Court's order declining his plea for interim bail to undergo the surgery.

Earlier, the apex court was apprised by the hospital that Yadav would undergo spinal surgery and would be kept in the hospital for sometime. The bench had then directed the hospital to furnish a fresh report on October 22 and fixed the matter for hearing Tuesday.

Yadav, whose appeal in the Uttarkhand High Court against the 2015 trial court verdict is pending, had moved the top court for grant of bail for undergoing the surgery.

The high court, on June 14, had rejected the bail plea of Yadav.

The apex court, on September 18, had granted interim bail for 15 days to Yadav on a condition that he will get himself admitted as in-patient in Yashoda Superspeciality Hospital for the requisite pre-operative checks.

It had also asked him to deposit a bail bond of Rs 1 crore and two sureties of like amount for getting the interim bail.

Besides Yadav, the trial court had also convicted Pal Singh, Karan Yadav and Praneet Bhati for offences of murder, attempt to murder and criminal conspiracy of the IPC in the murder case.

The case was transferred to the CBI court in Dehradun in 2000 on the direction of the Supreme Court after doubts were expressed about a fair trial in the case in Uttar Pradesh where Yadav was an influential politician.

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First Published: Oct 23 2018 | 5:20 PM IST

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