VidhiSangh

Supreme Court of India · 18/04/2022

JAGJEET SINGH & ORS versus ASHISH MISHRA @ MONU & ANR.

[2022] 4 S.C.R. 536 · 2022 INSC 427

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Summary

Victims’ relatives challenged bail granted to Ashish Mishra in the Lakhimpur Kheri prosecution. The Court held that victims have an independent right to an effective hearing and that the High Court had denied it while relying on irrelevant considerations and prematurely assessing merits. It cancelled bail, required surrender within a week and remitted the application for fresh consideration, preferably within three months. It reserved guilt and the accused’s right to seek bail on proper grounds.

Issues

  1. Whether the victims were entitled to an effective hearing on bail independent of the State.
  2. Whether the impugned bail grant applied the governing factors without prematurely deciding merits.
  3. Whether cancellation should be followed by fresh consideration.

Provisions considered

Held

Result

Bail order set aside and bonds cancelled. The accused was directed to surrender within one week. The bail application was remitted to the High Court for fresh, expeditious consideration, preferably within three months, with an effective victim hearing. Facts and merits were not adjudicated, and legal questions remained open.

Judgment PDF: Supreme Court of India, [2022] 4 S.C.R. 536.