Supreme Court: In a petition for special leave to appeal against the judgment and order passed by the Rajasthan High Court, wherein the Court has cancelled the bail granted to the petitioner/accused by the Trial Court, the division bench of Surya Kant and J.K. Maheshwari, JJ. has granted bail to the main accused in the murder case, since conclusion of trial will take considerable time.
The petitioner was one of the accused in the First Information Report (‘FIR’) for offences under Sections 143, 307, 452, 323, 504 of the Penal Code, 1860 (‘IPC’) wherein subsequently offence under Section 302 of the IPC was also added. There was a cross FIR of the same date registered for the offences under Sections 143, 341, 323, 452, 504, 324 IPC, wherein subsequently Section 307 of the IPC was added, in which the opposite party is alleged to have caused sharp edged injury between eyebrows and nose on the face of the accused’s uncle.
The accused stated that that the complainant along with his brother reached his house with wooden sticks and gandasi and started a fight with the accused’s family members. In a free fight, blows were exchanged, and uncle of the accused received a sharp-edged injury on vital parts of the body, attracting Section 307 IPC, further the brother of the complainant also received 5 blunt injuries on his head, as a result of which, he succumbed.
The High Court assigned the reason that the Trial Court fell in error in extending the parity to the accused, with his co-accused, as the case of the accused to whom regular bail was granted was distinguishable in the light that no injuries were attributed to them. The accused was arrested in -2020 and he was released by the Trial Court in -2021. After cancellation of bail by the High Court, the accused has again surrendered on 16-11-2022.
The Court said that the accused has been in custody for more than 14 months, the crucial witnesses have since been examined and there is no likelihood of tampering with the evidence. Even otherwise also, the witnesses are close family members of both sides, hence there is no likelihood of winning over the witnesses. Further, as the conclusion of trial will take considerable time, it ordered the accused to be released on bail.
The Court also directed the accused and his family members as well as Complainant and his family members to ensure that no untoward incident takes place again, as in the event of any party indulging in any unlawful activity, the State shall be at liberty to seek cancellation of bail.
[Mukesh Kumar v. State of Rajasthan, Petition for Special Leave to Appeal (Crl.) No.11714/2022, order dated 15-02-2023]
Advocates who appeared in this case :
For Petitioner(s): Advocate K. Shitij Mittal, Advocate-On-Record Anand Sukumar;
For Respondent(s): Advocate Vidhan Vyas, Advocate Syed Haider Shah, Advocate-On-Record Pragati Neekhra, Advocate-On-Record Namit Saxena, Advocate Vikas Kumar Sharma, Advocate Awnish Maithani, Advocate Shivam Maithani, Advocate Shiksha Ashra.
*Apoorva Goel, Editorial Assistant has reported this brief.