JAIBUNISHA vs MEHARBAN

JAIBUNISHA vs MEHARBAN - Supreme Court Case 2022

NONREPORTABLE

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO.76 OF 2022

(ARISING OUT OF SLP(CRL.) NO. 6329 OF 2020)

JAIBUNISHA …..APPELLANT(S)

VERSUS

MEHARBAN & ANR. ….RESPONDENT(S)

WITH

CRIMINAL APPEAL NO.77 OF 2022

(ARISING OUT OF SLP(CRL.) NO. 1337 OF 2021)

JAIBUNISHA …..APPELLANT(S)

VERSUS

JUMMA & ORS. ….RESPONDENT(S)

J U D G M E N T

NAGARATHNA J.

These appeals have been preferred by the informant

appellant assailing the orders dated 7th October, 2020 and 17th

November, 2020 passed by the High Court of Judicature at

Allahabad in Criminal Miscellaneous Bail Application Nos.

29759 of 2020 and 39886 of 2021 respectively whereby bail has

been granted to six persons accused in Sardhana P.S. Crime

Case No.955 of 2018.

2. It is the case of the appellant that she is the mother of the

deceased Yameen. She is stated to be an eyewitness to the attack

on her sons, namely Yameen and Mobin and her husband,

Jamshed. The appellant herein is the person who lodged the

First Information Report being FIR No. 955/2018 for offences

under sections 147, 148, 452, 324, 307, 302, 504, 506 with

section 34 of the Indian Penal Code (for short, the ‘IPC’). In all

eleven accused were named in the FIR, being respondent no.1 in

Criminal Appeal No.76/2022, namely Meherban; respondent no.

1 to 5 in Criminal Appeal No.77/2022, namely Jumma,

Hakmeen, Yaseen, Arshad and Firoz, and five more persons

namely, Bhoora, Shahid, Sullad, Yamin and Dev.

3. That FIR No. 955/2018 dated 27th August, 2018 is stated

to have been filed by the appellant herein at around 21:05 hrs in

the night stating that at around 18:00 hrs of the same day the

accused, armed with swords and knives entered appellant’s

house with a common intention to attack and kill Yameen and

Mobin, sons of the appellant and Jamshed, appellant’s husband.

That on entering the house, they started hurling abuses and

attacked the sons and husband of the appellant, attempting to

kill them. The neighbours of the appellant came to their rescue.

However, as a result of such assault, Yameen died and Mobin

and Jamshed sustained serious injuries. The informantappellant has further stated that there was a preexisting

dispute between the deceased and Bhoora, one among the

accused, which was settled by the residents of their locality.

However, the accused, in continuation of the said dispute

attacked the sons and the husband of the appellant and killed

one of her sons, namely, Yameen.

4. Appellant’s son, Mobin was medically examined on the date

of the incident and the medical report records that that incised

wounds were found on his hand, which could be caused by a

sharp edged object. The injury report of Jamshed described three

injuries, i.e. an incised wound on the scalp, abrasion and

contusion on the back and arm.

5. After conducting an investigation, the Police filed a

chargesheet only against three accused, namely, Sullad, Bhoora

alias Shadab and Yamin. They were subsequently arrested by

the Police. The accusedrespondents in the instant appeals are

the eight other accused named in the FIR but were not

chargesheeted.

6. The appellant filed an application under section 319 of the

Code of Criminal Procedure, 1973 (hereinafter referred to as

“CrPC” for the sake of brevity) for summoning the accusedrespondents herein who were not charge sheeted by the Police.

The accusedrespondents were summoned by the Additional

Sessions Judge by order dated 21st September, 2019.

7. On the date of commencement of trial before the Additional

District and Sessions Judge, Meerut, the accused Sullad, Bhoora

alias Shadab and Yamin were presented before the Court by the

Police. However, the accusedrespondents summoned under

section 319 of the CrPC, failed to appear before the trial court.

Therefore, the Additional District and Sessions Judge by order

dated 15th October, 2019 issued NonBailable Warrants against

the respondents herein.

8. On the next date fixed for trial, the accusedrespondents

against whom NonBailable Warrants were issued, again failed to

appear before the court and it was reported by the Police that the

said accused were absconding and were not found even at their

residences. The Additional District and Sessions Judge by order

dated 4th November, 2019 issued a proclamation under section

82 of the CrPC against the accusedrespondents.

9. In the meantime, the accusedrespondents summoned by

the Sessions Court preferred an application under section 482 of

the CrPC before the High Court, praying for an order to quash

the order dated 21st September, 2019 whereby the respondents

had been summoned to appear before the Additional District and

Sessions Judge, Meerut. By order dated 11th November, 2019,

the High Court dismissed the said application and granted 30

days’ time to the accused to surrender before the Trial Court.

The accusedrespondents assailed the said order by preferring a

Special Leave Petition, being SLP (Crl.) No. 10947/2019, before

this Court, which came to be dismissed by order dated 6th

December 2019.

10. On 8th January, 2020, the next date on which the sessions

trial was presented, the accusedrespondents once again failed

to appear notwithstanding the direction by this Court to

surrender. Hence the Additional Sessions Judge, Meerut, by

order dated 8th January, 2020, directed that proceedings for

attachment of property of the accusedrespondents be initiated

under section 83 of the CrPC.

11. The accusedrespondents were arrested by the Police on 5th

February, 2020 and remained in judicial custody till they were

enlarged on bail by the impugned orders of the High Court dated

th October, 2020 and 17th November 2020.

12. Accusedrespondent Meherban preferred a bail application

before the Court of the Additional Sessions Judge, Meerut. The

same came to be rejected by order dated 8th July, 2020.

Similarly, the bail applications preferred by accusedrespondents

Jumma, Hakmeen, Yaseen, Arshad and Firoz were also rejected

by a separate order dated 8th July, 2020, having regard to the

seriousness of the offences alleged against the respondents.

13. Accusedrespondent Meherban preferred a bail application

before the High Court and the same was allowed by the

impugned order dated 7th October 2020 with a direction that the

accused be released on bail. Subsequently, the bail application

preferred by the accusedrespondents Jumma, Hakmeen,

Yaseen, Arshad and Firoz was also allowed by the High Court by

impugned order dated 17th November 2020 by relying on the

order granting bail to coaccused Meherban. Being aggrieved, the

appellant has preferred these appeals before this Court.

14. We have heard Sri. Ronak Karanpuria, learned counsel for

the appellant, Ms. Kanishka Prasad, learned counsel for

accused respondents and Sri. R.K. Raizada, learned Senior

Counsel appearing for the State of Uttar Pradesh and perused

the material on record.

15. The Learned counsel for the appellant contended that the

impugned orders of the High Court have been passed without

exercising jurisdiction in a judicious manner. In support of this

contention, it was submitted that the accusedrespondents had

failed to appear before the Trial Court notwithstanding multiple

directions issued by the Trial Court, High Court and even this

Court to that effect. That they were under judicial custody for a

period less than nine months and had earlier absconded but

have now been granted bail by the High Court contrary to the

settled principles of law and the judgments of this Court. That by

directing that the accused be released on bail, the High Court

has invited the risk of them absconding again and that this

would prove to be prejudicial to the investigation and trial.

It was further contended on behalf of the appellant that the

possibility of the accused respondents tampering with evidence

and/or influencing witnesses while on bail, cannot be ruled out.

16. Further it was urged that the High Court has not assigned

reasons for the grant of bail in the instant cases. That the High

Court could not have granted bail to the accused having scant

regard to the gravity of the offences alleged against them.

According to the learned counsel for the appellant, the High

Court in a very cryptic order de hors any reasoning has granted

bail to the accusedrespondents. It was submitted on behalf of

the mother of the deceased, that the instant appeals may be

allowed by setting aside the impugned orders of the High Court.

In support of his submission, learned counsel for the appellant

has relied upon certain judgments of this Court which shall be

referred to later.

17. Per contra, Ms. Kanishka Prasad, learned counsel for

accused respondents supported the impugned orders and

submitted that the same do not suffer from any infirmity

warranting interference by this Court. That the informantappellant has narrated an untrue version of events in order to

falsely implicate the accused. The learned counsel for the

respondents has stated that there was a scuffle between the

sons and the husband of the appellant, and the accusedrespondents on the day of the alleged incident. That four of the

accused have also been seriously injured as a result of the

attack by appellant’s husband and sons. That an FIR in this

regard had been lodged against the appellant, her sons and

husband, in connection with which case the said persons have

been granted bail by the competent court. That no prima facie

case has been made out against the accused and this is

evidenced by the fact that they were not chargesheeted.

It has further been submitted that the accusedrespondents have no criminal antecedents and therefore, the

High Court acted in accordance with law in enlarging the

accusedrespondents on bail.

It has also been contended that a court deciding a bail

application should avoid elaborate discussion on merits of the

case as detailed discussion of facts at a pretrial stage is bound

to prejudice fair trial.

It was submitted that the allegations against the

respondentaccused are false and hence the impugned orders of

the High Court do not call for any interference in these appeals.

18. Having regard to the contention of Sri. Ronak Karanpuria,

learned counsel for the appellant that the impugned orders

granting bail to the accused respondents are bereft of any

reasoning and they are cryptic and bail has been granted in a

casual manner, we extract those portions of the impugned

orders dated 7th October, 2020 and 17th November, 2020 passed

by the High Court which provide the “reasoning” of the Court for

granting bail, as under:

Impugned Order dated 7

October, 2020

“Without expressing any opinion on the

merits of the case and considering the

nature of accusation and the severity of

punishment in case of conviction and the

nature of supporting evidence, reasonable

apprehension of tampering of the witnesses

and prima facie satisfaction of the Court in

support of the charge, the applicant is

entitled to be released on bail in this case.

Let the applicant Meharban involved in Case

Crime No. 955 of 2018 under sections 147,

148, 452, 324, 307, 302, 504, 506, 34 I.P.C.,

police station Sardhana, District Meerut be

released on bail on his furnishing a personal

bond of Rs. One lac with two sureties (out of

which one should be of his family member)

each in the like amount to the satisfaction of

the court concerned with the following

conditions.

(i) The applicant shall file an undertaking

to the effect that he shall not seek any

adjournment on the dates fixed for

evidence when the witnesses are

present in court. In case of default of

this condition, it shall be open for the

trial court to treat it as abuse of liberty

of bail and pass orders in accordance

with law.

(ii) The applicant shall remain present

before the trial court on each date

fixed, either personally or through his

counsel. In case of his absence,

without sufficient cause, the trial court

may proceed against him under

Section 229A of the Indian Penal

Code.

(iii) In case, the applicant misuses the

liberty of bail during trial and in order

to secure his presence proclamation

under Section 82 Cr.P.C. is issued and

the applicant fails to appear before the

court on the date fixed in such

proclamation, then, the trial court

shall initiate proceedings against him,

in accordance with law, under Section

174A of the Indian Penal Code.

(iv) The applicant shall remain present, in

person, before the trial court on the

dates fixed for (i) opening of the case,

(ii) framing of charge and (iii) recording

of statement under Section 313 Cr.P.C.

If in the opinion of the trial court

absence of the applicant is deliberate

or without sufficient cause, then it

shall be open for the trial court to treat

such default as abuse of liberty of bail

and proceed against him in accordance

with law.

It is further directed that the identity, status

and residence proof of the sureties be

verified by the authorities concerned before

they are accepted. In case of breach of any of

the above conditions, the trial court will be

liberty to cancel the bail.”

Impugned Order dated 17th

November, 2020

“Without expressing any opinion on the

merits of the case and considering the

nature of accusation and the severity of

punishment in case of conviction and the

nature of supporting evidence, reasonable

apprehension of tampering of the witnesses

and prima facie satisfaction of the Court in

support of the charge, the applicant is

entitled to be released on bail in this case.

Let the applicants Jumma, Hakmeen,

Yaseen, Arshad, and Firoz involved in

aforesaid case crime be released on bail on

his furnishing a personal bond and two

sureties each in the like amount to the

satisfaction of the court concerned with the

following conditions which are being

imposed in the interest of justice:

(i) The applicants shall file an

undertaking to the effect that they

shall not seek any adjournment on the

dates fixed for evidence when the

witnesses are present in court. In case

of default of this condition, it shall be

open for the trial court to treat it as

abuse of liberty of bail and pass orders

in accordance with law.

(ii) The applicants shall remain present

before the trial court on each date

fixed, either personally or through his

counsel. In case of his absence,

without sufficient cause, the trial court

may proceed against him under

Section 229A of the Indian Penal

Code.

(iii) In case, the applicants misuses the

liberty of bail during trial and in order

to secure his presence proclamation

under Section 82 Cr.P.C. is issued and

the applicants fails to appear before

the court on the date fixed in such

proclamation, then, the trial court

shall initiate proceedings against him,

in accordance with law, under Section

174A of the Indian Penal Code.

(iv) The applicants shall remain present, in

person, before the trial court on the

dates fixed for (i) opening of the case,

(ii) framing of charge and (iii) recording

of statement under Section 313 Cr.P.C.

If in the opinion of the trial court

absence of the applicant is deliberate

or without sufficient cause, then it

shall be open for the trial court to treat

such default as abuse of liberty of bail

and proceed against him in accordance

with law.

(v) The party shall file computer generated

copy of such order downloaded from

the official website of High Court of

Allahabad.

(vi) The computer generated copy of such

order shall be self attested by the

counsel of the party concerned.

(vii) The concerned/Authority/Official shall

verify the authenticity of such

computerized copy of the order from

the official website of High Court of

Allahabad and shall make a

declaration of such verification in

writing.

In view of the extraordinary situation

prevailing in the State due to Covid19, the

directions of this Court dated 6.4.2020

passed in Public Interest Litigation No. 564

of 2020 (In re vs. State of U.P.), shall also be

complied.

The order read thus:

Looking to impediments in arranging

sureties because of lockdown, while invoking

powers under Article 226 and 227 of the

Constitution of India, we deem it appropriate

to order that all the accusedapplicants

whose bail application came to be allowed on

or after 15th March, 2020 but have not been

released due to nonavailability of sureties as

a consequence to lockdown may be released

on executing personal bond as ordered by

the Court or to the satisfaction of the jail

authorities where such accused is

imprisoned, provided the accusedapplicants

undertakes to furnish required sureties

within a period of one month from the date

of his/her actual release.”

19. Before proceeding further, it would be useful to refer to the

judgments of this Court in the matter of granting bail to an

accused as under:

a) In Gudikanti Narasimhulu & Ors. vs. Public

Prosecutor, High Court of Andhra Pradesh (1978) 1

SCC 240, Krishna Iyer, J., while elaborating on the content

of Article 21 of the Constitution of India in the context of

liberty of a person under trial, has laid down the key

factors that have to be considered while granting bail,

which are extracted as under:

“7. It is thus obvious that the nature of the charge is

the vital factor and the nature of the evidence also is

pertinent. The punishment to which the party may

be liable, if convicted or conviction is confirmed, also

bears upon the issue.

8. Another relevant factor is as to whether the

course of justice would be thwarted by him who

seeks the benignant jurisdiction of the Court to be

freed for the time being.

9. Thus the legal principles and practice validate the

Court considering the likelihood of the applicant

interfering with witnesses for the prosecution or

otherwise polluting the process of justice. It is not

only traditional but rational, in this context, to

enquire into the antecedents of a man who is

applying for bail to find whether he has a bad record

– particularly a record which suggests that he is

likely to commit serious offences while on bail. In

regard to habituals, it is part of criminological

history that a thoughtless bail order has enabled the

bailee to exploit the opportunity to inflict further

about the criminal record of a defendant, is therefore

not an exercise in irrelevance.”

b) In Prahlad Singh Bhati vs. NCT of Delhi & ORS –

(2001) 4 SCC 280 this Court highlighted the aspects

which are to be considered by a court while dealing with an

application seeking bail. The same may be extracted as

follows:

“The jurisdiction to grant bail has to be

exercised on the basis of well settled principles

having regard to the circumstances of each case

and not in an arbitrary manner. While granting

the bail, the court has to keep in mind the

nature of accusations, the nature of evidence in

support thereof, the severity of the punishment

which conviction will entail, the character,

behavior, means and standing of the accused,

circumstances which are peculiar to the

accused, reasonable possibility of securing the

presence of the accused at the trial, reasonable

apprehension of the witnesses being tampered

with, the larger interests of the public or State

and similar other considerations. It has also to

be kept in mind that for the purposes of

granting the bail the Legislature has used the

words "reasonable grounds for believing" instead

of "the evidence" which means the court dealing

with the grant of bail can only satisfy it as to

whether there is a genuine case against the

accused and that the prosecution will be able to

produce prima facie evidence in support of the

charge.”

c) This Court in Ram Govind Upadhyay vs. Sudarshan

Singh – (2002) 3 SCC 598, speaking through Banerjee, J.,

emphasized that a court exercising discretion in matters of

bail, has to undertake the same judiciously. This Court

highlighted that bail cannot be granted as a matter of

course, bereft of cogent reasoning.

d) In Kalyan Chandra Sarkar vs. Rajesh Ranjan alias

Pappu Yadav & Anr. – (2004) 7 SCC 528, this Court held

that although it is established that a court considering a

bail application cannot undertake a detailed examination

of evidence and an elaborate discussion on the merits of

the case, the court is required to indicate the prima facie

reasons justifying the grant of bail.

e) In Prasanta Kumar Sarkar vs. Ashis Chaterjee (2010)

14 SCC 496 this Court observed that where a High Court

has granted bail mechanically, the said order would suffer

from the vice of nonapplication of mind, rendering it

illegal. This Court has enumerated the circumstances

under which an order granting bail may be set aside.

f) Another factor which should guide the courts’ decision in

deciding a bail application is the period of custody.

However, as noted in Ash Mohammad vs. Shiv Raj Singh

@ Lalla Bahu & Anr. – (2012) 9 SCC 446, the period of

custody has to be weighed simultaneously with the totality

of the circumstances and the criminal antecedents of the

accused, if any. Further, the circumstances which may

justify the grant of bail are to be considered in the larger

context of the societal concern involved in releasing an

accused, in juxtaposition to individual liberty of the

accused seeking bail.

g) In Neeru Yadav vs. State of UP & Anr. – (2016) 15 SCC

422, after referring to a catena of judgments of this Court

on the considerations to be placed at balance while

deciding to grant bail, observed through Dipak Misra, J.

(as His Lordship then was) in paragraph18 as under:

18. Before parting with the case, we may repeat

with profit that it is not an appeal for cancellation

of bail as the cancellation is not sought because of

supervening circumstances. The annulment of the

order passed by the High Court is sought as many

relevant factors have not been taken into

consideration which includes the criminal

antecedents of the accused and that makes the

order a deviant one. Therefore, the inevitable result

is the lancination of the impugned order.”

h) In Anil Kumar Yadav v. State (NCT of Delhi) – (2018) 12

SCC 129, this Court, while considering an appeal from an

order of cancellation of bail, has spelt out some of the

significant considerations of which a court must be

mindful, in deciding whether to grant bail. In doing so, this

Court has stated that while it is not possible to prescribe

an exhaustive list of considerations which are to guide a

court in deciding a bail application, the primary requisite of

an order granting bail, is that it should result from

judicious exercise of the court’s discretion.

i) Recently in Bhoopendra Singh vs. State of Rajasthan &

Anr. – 2021 SCC Online SC 1020, this Court made

observations with respect to the exercise of appellate power

to determine whether bail has been granted for valid

reasons as distinguished from an application for

cancellation of bail. i.e. this Court distinguished between

setting aside a perverse order granting bail visavis

cancellation of bail on the ground that the accused has

misconducted himself or because of some new facts

requiring such cancellation. Quoting Mahipal vs. Rajesh

Kumar (2020) 2 SCC 118, this Court observed as under:

“16. The considerations that guide the power of

an appellate court in assessing the correctness of

an order granting bail stand on a different

footing from an assessment of an application for

the cancellation of bail. The correctness of an

order granting bail is tested on the anvil of

whether there was an improper or arbitrary

exercise of the discretion in the grant of bail. The

test is whether the order granting bail is

perverse, illegal or unjustified. On the other

hand, an application for cancellation of bail is

generally examined on the anvil of the existence

of supervening circumstances or violations of the

conditions of bail by a person to whom bail has

been granted.”

j) The most recent judgment of this Court on the aspect of

application of mind and requirement of judicious exercise

of discretion in arriving at an order granting bail to the

accused is Brijmani Devi v. Pappu Kumar and Anr. –

Criminal Appeal No. 1663/2021, wherein a three Judge

Bench of this Court, while setting aside an unreasoned

and casual order of the High Court granting bail to the

accused, observed as follows:

“While we are conscious of the fact that liberty of

an individual is an invaluable right, at the same

time while considering an application for bail

Courts cannot lose sight of the serious nature of

the accusations against an accused and the facts

that have a bearing in the case, particularly,

when the accusations may not be false, frivolous

or vexatious in nature but are supported by

adequate material brought on record so as to

enable a Court to arrive at a prima facie

conclusion. While considering an application for

grant of bail a prima facie conclusion must be

supported by reasons and must be arrived at

after having regard to the vital facts of the case

brought on record. Due consideration must be

given to facts suggestive of the nature of crime,

the criminal antecedents of the accused, if any,

and the nature of punishment that would follow

a conviction visàvis the offence/s alleged

against an accused.”

20. On the aspect of the duty to accord reasons for a decision

arrived at by a court, or for that matter, even a quasijudicial

authority, it would be useful to refer to a judgment of this Court

in Kranti Associates Private Limited & Anr. Vs. Masood

Ahmed Khan & Ors. – (2010) 9 SCC 496, wherein after

referring to a number of judgments this Court summarised at

paragraph 47 the law on the point. The relevant principles for

the purpose of this case are extracted as under:

(a) Insistence on recording of reasons is meant to serve the

wider principle of justice that justice must not only be

done it must also appear to be done as well.

(b) Recording of reasons also operates as a valid restraint on

any possible arbitrary exercise of judicial and quasijudicial or even administrative power.

the decisionmaker on relevant grounds and by

disregarding extraneous considerations.

(d) Reasons have virtually become as indispensable a

component of a decisionmaking process as observing

principles of natural justice by judicial, quasijudicial and

even by administrative bodies.

(e) The ongoing judicial trend in all countries committed to

rule of law and constitutional governance is in favour of

reasoned decisions based on relevant facts. This is

virtually the lifeblood of judicial decisionmaking justifying

the principle that reason is the soul of justice.

(f) Judicial or even quasijudicial opinions these days can be

as different as the judges and authorities who deliver

them. All these decisions serve one common purpose

which is to demonstrate by reason that the relevant

factors have been objectively considered. This is important

for sustaining the litigants' faith in the justice delivery

system.

(g) Insistence on reason is a requirement for both judicial

accountability and transparency.

(h) If a judge or a quasijudicial authority is not candid

enough about his/her decisionmaking process then it is

impossible to know whether the person deciding is faithful

to the doctrine of precedent or to principles of

incrementalism.

(i) Reasons in support of decisions must be cogent, clear and

succinct. A pretence of reasons or “rubberstamp reasons”

is not to be equated with a valid decisionmaking process.

(j) It cannot be doubted that transparency is the sine qua

non of restraint on abuse of judicial powers. Transparency

in decisionmaking not only makes the judges and

decisionmakers less prone to errors but also makes them

subject to broader scrutiny. (See David Shapiro in Defence

of Judicial Candor [(1987) 100 Harvard Law Review 731

37)

(k) In all common law jurisdictions judgments play a vital role

in setting up precedents for the future. Therefore, for

development of law, requirement of giving reasons for the

decision is of the essence and is virtually a part of “due

process”.

Though the aforesaid judgment was rendered in the context

of a dismissal of a revision petition by a cryptic order by the

National Consumer Disputes Redressal Commission, reliance

could be placed on the said judgment on the need to give reasons

while deciding a matter.

21. The Latin maxim “cessante ratione legis cessat ipsa lex”

meaning “reason is the soul of the law, and when the reason of

any particular law ceases, so does the law itself”, is also

apposite.

22. We have extracted the relevant portions of the impugned

orders above. At the outset, we find that the extracted portions

are the only portions forming part of the “reasoning” of the High

court while granting bail. As evident from the judgments of this

Court referred to above, a court deciding a bail application

cannot grant bail to an accused without having regard to

material aspects of the case such as the allegations made

against the accused; severity of the punishment if the allegations

are proved beyond reasonable doubt and would result in a

conviction; reasonable apprehension of the witnesses being

influenced by the accused; tampering of the evidence; the

frivolity in the case of the prosecution; criminal antecedents of

the accused; and a prima facie satisfaction of the Court in

support of the charge against the accused.

While we are conscious of the fact that it is not necessary

for a Court to give elaborate reasons while granting bail

particularly when the case is at the initial stage and the

allegations of the offences by the accused may not have been

crystalised as such, an order de hors any reasoning whatsoever

cannot result in grant of bail. If bail is granted in a casual

manner, the prosecution or the informant has a right to assail

the order before a higher forum. As noted in Gurcharan Singh

vs. State (Delhi Admn.) 1978 CriLJ 129, when bail has been

granted to an accused, the State may, if new circumstances have

arisen following the grant of such bail, approach the High Court

seeking cancellation of bail under section 439 (2) of the CrPC.

However, if no new circumstances have cropped up since the

grant of bail, the State may prefer an appeal against the order

granting bail, on the ground that the same is perverse or illegal

or has been arrived at by ignoring material aspects which

establish a primafacie case against the accused.

23. In view of the aforesaid discussion, we shall now consider

the facts of the present cases. The allegations against accusedrespondents as well as the contentions raised at the Bar have

been narrated in detail above. On a consideration of the same,

the following aspects of the case would emerge:

a) The allegations against the accusedrespondents are under

147, 148, 452, 324, 307, 302, 504, 506 with section 34 of the

IPC, with regard to murder of the deceased, Yameen and

attempt to murder Mobin and Jamshed. Thus the offences

alleged against the accused are of grave and heinous nature

inasmuch as there was death of appellant’s son and serious

injuries caused to her husband and another son.

b) That allegedly the accusedrespondents attacked with deadly

weapons such as swords and knives.

c) That there was allegedly a preexisting enmity between the

deceased and Bhoora, one of the accused, which apparently

had been settled by the local residents.

d) The accusedrespondents were summoned by the Trial Court

by order dated 21st September, 2019. The accused preferred

an application under section 482 CrPC praying for an order

quashing the order dated 21st September, 2019. By an order

dated 11th November, 2019, the High Court dismissed the said

application and granted 30 days’ time to the accused to

surrender before the Trial Court. The accusedrespondents

assailed the said order by preferring a Special Leave Petition,

being SLP (Crl.) No. 10947/2019, before this Court, which

came to be dismissed by order dated 6th December 2019.

e) The accusedrespondents resisted arrest for a period of

approximately three and a half months as they were

absconding. The accused failed to surrender before the Trial

Court in gross violation of the directions of the Additional

District and Sessions Judge, the High Court and even this

Court. This is a glaring instance of gross violation of the

courts’ orders and rule of law.

f) The accusedrespondents had preferred applications before the

Additional District and Sessions Judge which came to be

rejected by separate orders dated 8th July, 2020.

g) The chances of the accused absconding are grave having

regard to their previous conduct, if they are on bail. This

would delay commencement and conclusion of the trial and

consequently have an adverse impact on the cause of justice.

h) The propensity of accusedrespondents tampering with the

evidence and influencing the witnesses is an important factor

to be borne in mind in such cases. As a result, the accused

being beneficiaries of the same cannot be ruled out.

i) The High Court in the impugned orders has failed to consider

the aforestated aspects of the case in the context of the grant

of bail and has granted bail to the accused by cryptic orders.

24. Having considered the aforesaid facts of the present cases

in light of the judgments cited above, we do not think that these

cases are fit cases for grant of bail to the accusedrespondents,

having regard to the seriousness of the allegations against them

as well as the aforesaid reasons.

25. The High Court has lost sight of the aforesaid material

aspects of the cases and has, by a very cryptic and casual

orders, de hors any coherent reasoning, granted bail to the

accusedrespondents. We find that the High Court was not right

in allowing the applications for bail filed by the accusedrespondents. Hence the impugned orders dated 7th May, 2020

and 17th November, 2020 are set aside. The appeals are allowed.

26. The accusedrespondents are on bail. Their bail bonds

stand cancelled and they are directed to surrender before the

concerned jail authorities within a period of two weeks from

today.

……………………………J.

(M.R. SHAH)

……………………….…..J.

(B.V. NAGARATHNA)

NEW DELHI;

18TH JANUARY, 2022.

Landmark Cases of India / सुप्रीम कोर्ट के ऐतिहासिक फैसले

संविधान की प्रमुख विशेषताओं का उल्लेख | Characteristics of the Constitution of India

- March 04, 2020

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