Summary
The Supreme Court cancelled bail in a murder-conspiracy prosecution after the deceased’s close relatives reversed their testimony during a gap before cross-examination. On the surrounding record, it found a prima facie connection with the opportunity to influence witnesses, while stressing that hostility alone did not establish misuse of bail. It ordered surrender, recall for further cross-examination, round-the-clock security and an inquiry into possible pressure, leaving guilt untouched.
Issues
- Whether subsequent events justified cancelling bail to protect a fair trial.
- Whether crucial witnesses should be recalled after an unexplained reversal of testimony.
Provisions considered
- Section 311, Code of Criminal Procedure, 1973Recall for further cross-examination was directed exceptionally to secure free testimony and a fair trial; the power was to be used sparingly and without seriously prejudicing the accused. (¶ 28–31)
- Articles 21 and 142, Constitution of IndiaLiberty was balanced against fair-trial requirements, and complete-justice powers supported recall and protective directions on this exceptional record. (¶¶ 20–21, 28–32)
Held
- The abrupt reversal by close relatives, viewed with the history of allegations and their sustained pursuit of proceedings, prima facie indicated an opportunity to win over witnesses after release. These findings were limited to bail and fair-trial protection. (¶ 19–25)
- Cogent and overwhelming circumstances showing abuse of bail, including interference with witnesses or evidence and supervening threats to a fair trial, justify withdrawal of the concession. Mere witness hostility, by itself, does not establish such abuse. (¶¶ 20–25, 31)
- PW-1, PW-4 and PW-5 were to be recalled for further cross-examination in an environment free from threats, fear or inducement. Section 311 could not be used simply to fill prosecution gaps or seriously prejudice the defence. (¶ 28–31)
- The accused was to surrender within one week and remain in custody until trial concluded or the Supreme Court granted bail in changed circumstances. (¶ 32)
- Police were to provide round-the-clock security at least until fresh depositions and report within two weeks on possible threats or inducements, subject to objections by affected accused. The trial court was to prevent intimidating or appeasing gestures during testimony. (¶ 32)
Result
Appeal allowed; bail cancelled and surrender directed within one week. Three witnesses recalled for further cross-examination with security; police inquiry and report within two weeks ordered. Custody to continue until trial conclusion or Supreme Court bail in changed circumstances; merits unaffected.