Summary
The Court set aside bail granted on a fifth application in an alleged conspiracy to murder a witness shortly before his testimony. The High Court incorrectly stated that no overt act was attributed to the accused, overlooking call-record analysis, alleged custody of weapons and tracking of the victim. Claimed parity concerned a person not charge-sheeted, and no material change justified reversal of four previous refusals. The observations were confined to bail and did not determine guilt.
Issues
- Whether the fifth bail order disregarded material allegations and prior refusals so as to warrant appellate interference.
Held
- Bail requires a reasoned assessment of the accusation’s gravity, evidentiary material, accused’s circumstances and risks to witnesses and justice. Custody duration and other considerations had to be weighed against the specific role and circumstances rather than treated in isolation. (¶¶ 11, 16, 17)
- The premise that no overt act was assigned was contradicted by the investigation material concerning multiple SIM cards, contact with an alleged hired shooter, custody of weapons and provision of information about the deceased’s movements. The murder allegedly occurred shortly before his testimony in a prior prosecution. (¶¶ 12, 13, 14, 15, 16)
- Parity with a person not found involved and not charge-sheeted did not justify this accused’s release. Four previous applications had been rejected, and the High Court identified no material change warranting grant while overlooking the specific role and gravity. (¶¶ 15, 16, 19)
- Appellate review of an unjustified, illegal or perverse grant differs from cancellation based on subsequent misconduct or breach of conditions. The initial order could be set aside for its erroneous exercise of discretion without requiring a later violation. The Court’s assessment remained limited to bail. (¶¶ 18, 19, 21)
Result
Appeal allowed; High Court bail order set aside and fifth bail application rejected. Second respondent directed to surrender by 7 November 2021. Observations not to affect the trial’s merits; pending applications disposed of.