Mansab Ali Vs. Irsan and Anr.
Email(Arising out of SLP (Crl.) No. 1285 of 2002)
(From the Judgment and Order dated 28.11.2001 of the Uttaranchal High Court in Crl. M. B. A. No. 1043 of 2001)
(Arising out of SLP (Crl.) No. 1285 of 2002)
(From the Judgment and Order dated 28.11.2001 of the Uttaranchal High Court in Crl. M. B. A. No. 1043 of 2001)
Ms. Alka Agarwal, Ms. Sangeeta Sharma, Ms. Dorothy Michael and Mr. Ajay K. Agarwal, Advocates for the Respondent No. 2.
Mr. S. A. Siddiqui, Mr. Hasan Ansar and Mr. Goodwill Indeevar, Advocates for the Respondent No. 1.
Bail – Matters to be considered by courts while granting or refusing bail – Respondent and several others charged with offences under sections 302, 307 and 323 – Single judge of High Court granting bail to ~4~ Judge not indicating as to why he considered it fit to grant bail to only one of the accused – Whether grant of bail to respondent justified. Held apparently the single judge not having given due consideration to relevant factors like the nature of the accusation, the evidence collected by the prosecution, the character, behaviour, antecedents and standing of the accused, grant of bail to respondent disapproved. However instead of cancelling the bail the question of continuing or cancelling the bail left to the judicial discretion of the sessions judge who was seized of the case. (Paras 6, 7 and 8)
1. Leave to appeal is granted.
2. The learned counsel appearing for the parties are finally heard on the merits of the appeal.
3. The complainant has approached this Court against a laconic order passed by the learned single judge of the High Court of Uttaranchal granting amongst several co-accused, bail to accused-respondent herein who is facing trial with others in crime no. 148 of 2001 for offences under sections 302, 307, 323 read with sections 147, 148 and 149 of the Indian Penal Code.
4. The provisions of Criminal Procedure Code confer discretionary jurisdiction on criminal courts to grant bails to accused pending trials or in appeals against convictions. Since the jurisdiction is discretionary it is required to be exercised with great care and caution by balancing valuable right of liberty of an individual and the interest of the society in general. In granting or refusing the bail, the courts are required to indicate, may be very briefly, the reasons for grant or refusal of bail. The jurisdiction has not to be exercised in a casual and cavalier fashion as has been done by the learned judge in this case.
5. Learned counsel appearing for the complainant severely criticizes the order impugned granting bail to the respondent-accused. It is submitted that respondent-Irsan was on bail pending criminal appeal no. 78 of 1998 filed by him with four co-accused persons. It is during the bail period that he is alleged to have committed the offence of murder of Dr. Ayyub and injured Kayyum and Kalloo. Looking to the seriousness of the offence and nature of allegations, sessions judge, Haridwar, rejected the bail application on 31.10.2001.
6. The learned judge by his order dated 20.11.2001 granted bail to respondent-Irsan and has not indicated why he considered it fit to grant bail to only one of the accused. It is not apparent from the impugned order that the learned judge has given due consideration to relevant factors like the nature of the accusation, the evidence collected by the prosecution, the character, behaviour, antecedents and standing of the accused.
7. We disapprove the judgment rendered by the High Court. We were also inclined to undertake the exercise of going through the police papers and the evidence so far recorded by the trial court to consider the prayer of complainant for cancellation of bail but we refrain from doing so because learned counsel appearing for respondent accused Irsan informs that the sessions trial in which the accused was enlarged on bail is proceeding with expedition and major part of evidence has been recorded.
8. In the aforesaid circumstances, we direct the learned sessions judge, conducting the trial of the case to consider the present application of the complainant for cancellation of bail on the basis of the police papers and the evidence so far recorded in the case. We leave it to the judicious discretion of the learned sessions judge to continue the bail or cancel the same after hearing the counsel for the prosecution and the accused.
9. The appeal, thus, stands disposed of.
**************************
