The Supreme Court Today (Sep 1) extended the interim bail of convict Vikas Yadav in the 2002 Nitish Katara murder case by one more week. The extension came after his lawyer cited marriage reasons, though Katara’s mother opposed the claim.
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NEW DELHI: The Supreme Court of India on Monday gave temporary relief to Vikas Yadav, who is serving a 25-year jail sentence in the 2002 Nitish Katara murder case, by extending his interim bail for one more week.
The matter came up before a bench of Justices M M Sundresh and N Kotiswar Singh. The plea was filed by Vikas Yadav against the August 22 order of the Delhi High Court, which had refused to extend his bail earlier granted by the Supreme Court on July 29.
As the hearing started, Justice N Kotiswar Singh recused from hearing the matter. Justice Sundresh told the lawyers,
“The matter will be heard a different bench after getting orders from Chief Justice B R Gavai.”
When Justice Singh stepped aside, Yadav’s lawyer requested extension of bail, saying that his client’s marriage was scheduled. But this claim was strongly opposed by the lawyer representing Neelam Katara, mother of Nitish Katara, who said, “he has already married in July.”
Despite the opposition, the bench decided to give relief and extended his interim bail by one week.
Vikas Yadav, who is 54 years old and has already spent over 23 years in jail, also argued that he needed bail as his marriage was fixed for September 5 and he had to arrange Rs 54 lakh, which was the fine imposed on him at the time of sentencing.
Earlier, another bench of Justices Dipankar Datta and A G Masih had agreed with the Delhi High Court’s view that the matter should go before the bench led by Justice M M Sundresh, since he had passed the July 29 order extending Yadav’s interim bail.
The Delhi High Court on August 22 had adjourned the matter till September 2, saying it was
“hesitant as to whether it has jurisdiction to extend the period of interim bail.”
The Supreme Court also noted that the conviction of Yadav was already approved at all levels. It said,
“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.”
Vikas Yadav is the son of Uttar Pradesh politician D P Yadav. His cousin Vishal Yadav was also convicted for the kidnapping and murder of Nitish Katara, a young business executive.
The murder had taken place because of Katara’s relationship with Bharti Yadav, sister of Vikas Yadav. The family had opposed the affair as the two belonged to different castes.
Another co-convict, Sukhdev Pehalwan, was sentenced to 20 years in jail without remission. On July 29, the Supreme Court ordered his release after noting that he had already completed his 20-year term in March this year.
Explanatory Table of Laws & Sections Mentioned in Nitish Katara Case
| Law/Section | Provision (in simple words) | How it applies in this case |
|---|---|---|
| Section 302, Indian Penal Code (IPC) | Punishment for murder – death penalty or life imprisonment. | Vikas Yadav and Vishal Yadav were convicted for killing Nitish Katara in 2002. |
| Section 364, IPC | Kidnapping or abduction with intent to murder – imprisonment up to life. | Katara was abducted before being murdered, so this section was applied. |
| Section 201, IPC | Causing disappearance of evidence of offence or giving false information to screen offender. | Evidence was tampered with in the case to hide the murder. |
| Delhi High Court Judgment (2014) | Confirmed 25 years of imprisonment for Vikas & Vishal Yadav without remission. | High Court ruled no early release/remission would apply. |
| Supreme Court (2016 Review Dismissal) | Dismissed the review petition and upheld the 25-year sentence. | Finalized that no remission or reduction would be allowed. |
| Interim Bail (Supreme Court Order, 29 July 2024) | Temporary release from prison for specific reasons. | Granted to Vikas Yadav, extended multiple times. |
| Fine of Rs 54 Lakh (as per Sentencing Order) | Monetary penalty imposed along with imprisonment. | Vikas Yadav claimed he needed bail to arrange this money. |
| Remission (Section 432 & 433 CrPC) | Power of government to reduce the sentence. | Not applicable here, as SC had clearly denied remission. |
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