Summary
Complainant's appeals against a High Court order granting regular bail to two accused in a murder case. The Supreme Court held that the High Court had reversed the Sessions Court's reasoned refusal of bail with cryptic reasoning, and that the fact that the accused took the victim to hospital (where he was brought dead) had to be considered separately from who committed the offence. Bail was cancelled, the Sessions Court order restored and the accused directed to surrender.
Issues
- Whether the High Court was justified in setting aside the trial court's refusal of regular bail under Section 439 CrPC to accused charged under Section 302 IPC and enlarging them on bail.
- Whether the accused carrying the injured victim to hospital was a relevant consideration for granting bail.
Provisions considered
- Section 439, Code of Criminal Procedure, 1973The accused's applications for regular bail were rejected by the Sessions Court on the ground of criminal antecedents (eight other cases against accused No. 1) and the gravity of the offence, but allowed by the High Court. The Court found the High Court's reasoning cryptic and restored the Sessions Court's order refusing bail. (¶¶ 10, 11, 19, 20)
- Section 302, Penal Code, 1860The accused were alleged to have committed murder of the appellant's driver by ramming their car into the appellant's vehicle and assaulting him with wooden sticks. The Court noted the seriousness of the allegation under Section 302 as a factor weighing against bail. (¶¶ 3, 5, 19)
Held
- Where the trial court has rightly declined bail having regard to the gravity of an offence under Section 302 IPC and the antecedents of the accused, the High Court cannot set aside that order and grant bail on a very cryptic reasoning; such an order calls for interference. (¶¶ 19, 20)
- The fact that the accused may have carried the injured victim to hospital, where he was brought dead, must be considered de hors the question of who actually committed the offence in the first place; it does not by itself justify bail. (¶ 19)
- On cancellation of bail, the accused were directed to surrender before the jurisdictional Magistrate or the concerned police station by a fixed date, failing which the police were to arrest them, and to deposit their passports at the police station in the meantime. (¶¶ 21, 22, 23)
Result
Appeals allowed. High Court order dated 14.11.2024 granting bail set aside and the Sessions Court's orders refusing bail restored. Respondent-accused to surrender on or before 16.06.2025, failing which they are to be arrested; passports to be deposited at Police Station Nangal on or before 19.05.2025. Pending applications disposed of.