Madhya Pradesh High Court | While deciding an application filed for cancellation of bail of the accused who booked for cheating and other offences, Gurpal Singh Ahluwalia, J., cancelled the bail on the ground of misuse of liberty.
In the instant matter, the accused (Respondent 2) was booked under Ss. 420, 467, 468, 409, 471 of IPC and was facing trial. He was granted bail via order dated 16-08-2022. The applicant filed an application before this Court for cancellation of bail granted to the accused.
The counsel for applicant contended that after the accused was released from Court on bail, he was welcomed by a mob of more than 100 people, garlanding him, touching his feet, shouting slogans of victory and the accused waving his hands to the general public. It was contended by the counsel for applicant that the very next day after his release, the accused was seen firing a gun in the air and the applicant was challenged by his supporters.
Citing P. v. State of M.P., 2022 SCC OnLine SC 552, the counsel for applicant further contended that “the release of the applicant has sent a shock way in the society and the manner in which he came out of the jail has also adversely affected the moral of the witnesses and consequently the witnesses are turning hostile”.
The counsel for accused contended that the application was filed by the applicant with ulterior motive and merely because he was welcomed by his supporters does not amount to demonstration of any authority or terror. The counsel for accused also contended that there is no bonafide reason for fear in the mind of applicant and application for cancellation of bail is liable to be dismissed as it was filed under misconception and misunderstanding. It was also stated that the CD of him firing in air as submitted by the applicant is forged and another investigation is required for tempering with documents.
The CD was played in the open court, and it was found that it was not tempered as accused did not dispute the contents or provide any reason for alleging that the CD was tempered. The counsel for accused also admitted that contentions of the applicant.
The Court considered the facts of this case in the light of P. v. State of M.P., 2022 SCC OnLine SC 552, where it was opined that “the brazen conduct of respondent has evoked a bona fide fear in the mind of the appellant/complainant that she would not get a free and fair trial if he remains enlarged on bail and that there is a likelihood of his influencing the material witnesses”.
The Court observed that it is clear from the conduct of accused that he is projecting himself as a warrior and such a glorification of an accused by a mob would have an adverse effect on society.
“Glorification of an accused can never be in the interest of society as well as the justice dispensation system. Furthermore, the witnesses have also started turning hostile which may be the result of glorification or release on bail”.
The Court also observed that bail and acquittal are different, and they cannot be equated.
“The bail cannot be equated with acquittal. It is merely a temporary respite to the accused so that a perfect balance can be made amongst the rights of an under-trial, the society as well as the complainant.”
The Court cancelled the bail on the ground of misuse of liberty by the respondent 2.
[Ramlesh Bai v. State of M.P., 2022 SCC OnLine MP 3370, decided on 17-10-2022]
Advocates who appeared in this case :
Ms. Gaurav Mishra, Counsel for the Appellant;
Mr. C.P. Singh, Counsel for the State/Respondent 1.
Mr. Rajesh Pathak, Counsel for the Respondent 2.
*Ritu Singh, Editorial Assistant has put this report together;