VidhiSangh

Supreme Court of India · 19/04/2024

JADUNATH SINGH versus ARVIND KUMAR & ORS. ETC.

[2024] 5 S.C.R. 561 · 2024 INSC 325

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Summary

Lengthy incarceration and parity did not justify bail pending appeal for two convicted men where material subsequent conduct—alleged murder of their escorting constable, absconding and armed resistance to arrest—had not been placed before the High Court. Their comparators had different roles and no involvement in that incident. Bail was cancelled for Chandra Kumar and Rishi Kumar, but preserved for Arvind Kumar, who was not charge-sheeted in the constable’s murder.

Issues

  1. Whether incarceration exceeding ten years and co-accused parity justified the challenged appellate bail grants.
  2. Whether the three respondents’ differing subsequent conduct required distinct outcomes.

Provisions considered

Held

Result

Appeal against Arvind Kumar dismissed, preserving his bail. Appeals against Chandra Kumar and Rishi Kumar allowed; bail set aside and surrender within two weeks directed, failing lawful coercive custody measures.

Judgment PDF: Supreme Court of India, [2024] 5 S.C.R. 561.