VidhiSangh

Supreme Court of India · 09/09/2022

JOSEPH JOHNSON N. MAITHKURI versus SUBRAHMANYA & ANOTHER

[2022] 7 S.C.R. 505 · 2022 INSC 944

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Summary

Two accused in a 2019 murder case at Dharwad, charged under Sections 120B, 302 and 201 read with Section 34 IPC and Section 27(3) of the Arms Act, were granted bail by the Karnataka High Court. The court reasoned that the eyewitnesses' identification at the test identification parade might have been influenced by photographs. The Supreme Court had earlier, on 6 January 2022, cancelled bail granted to a co-accused on identical reasoning, holding it to rest on surmises and conjectures and to ignore the gravity of the offence. One of the present bail orders had itself reserved liberty to seek cancellation if the co-accused's bail were cancelled. Following its earlier decision, the Court set aside both bail orders and directed the accused to surrender within two weeks, failing which they would be arrested.

Issues

  1. Whether bail granted by the High Court on the reasoning that eyewitness identification at the test identification parade may have been tainted, without considering the gravity of the offence, was sustainable where identical bail to a co-accused had been cancelled

Provisions considered

Held

Result

Appeals allowed. The bail orders were set aside, and the accused were directed to surrender within two weeks, failing which they are to be arrested on non-bailable warrants. The trial is to proceed uninfluenced by the High Court's observations.

Judgment PDF: Supreme Court of India, [2022] 7 S.C.R. 505.