Nitish Katara murder: SC extends interim bail of convict Vikas Yadav

New Delhi: The Supreme Court on Monday extended by a week the interim bail of convict Vikas Yadav, undergoing a 25-year jail term in the 2002 Nitish Katara murder case.

A bench of Justices M M Sundresh and N Kotiswar Singh was hearing a plea filed by Yadav against an August 22 order of the Delhi High Court which refused to extend his interim bail granted by the top court on July 29.

As the hearing commenced, Justice N Kotiswar Singh recused from hearing the matter.

Justice Sundresh informed the lawyers appearing for the parties that the matter will be heard a different bench after getting orders from Chief Justice B R Gavai.

When Justice Singh recused, the lawyer appearing for Yadav sought extension of the interim bail, saying that his client's marriage was scheduled.

The submission was opposed by the counsel appearing for Neelam Katara, mother of Nitish Katara, saying that he has already married in July.

The bench, however, extended his interim bail by one week.

Yadav, 54, who has spent over 23 years in jail, also sought interim bail on the grounds that his marriage was fixed for September 5 and he had to arrange for Rs 54 lakh, the fine imposed on him at the time of sentencing.

Earlier, a bench of Justices Dipankar Datta and A G Masih had agreed with the view of the high court and said the matter should be heard by the bench headed by Justice M M Sundresh, who passed the July 29 order extending Yadav's interim bail.

The high court on August 22 adjourned the matter till September 2 being "hesitant as to whether it has jurisdiction to extend the period of interim bail".

The top court observed the same was done keeping in mind the fact that the conviction of the petitioner by the trial court -- affirmed by the high court with sentence of imprisonment for 25 years without remission -- stood approved even by the Supreme Court not only when the appeal was decided appeal but also when the review petition was dismissed.

"The high court prima facie seems to be justified in its opinion that once this court had affirmed the decision of the high court that the petitioner would not be entitled to any remission, it lacked the jurisdiction to grant the petitioner's prayer. If at all, it is this court which can consider and grant relief," the bench said.

Yadav is the son of Uttar Pradesh politician D P Yadav. His cousin Vishal Yadav was also punished for the kidnapping and murder of business executive Katara.

The duo was against Katara's alleged affair with Bharti Yadav, sister of Vikas, as they belonged to different castes.

Another co-convict Sukhdev Pehalwan was given a 20-year jail term without any remission benefit. On July 29, the apex court ordered his release from jail, noting that he had completed his 20-year sentence in March this year.