TMI Blog2015 (9) TMI 1430X X X X Extracts X X X X X X X X Extracts X X X X ..... arge, he shall be taken into custody forthwith; and if he is still in custody because of certain other cases, he shall not be admitted to bail in connection with the present case. We make it clear that we have not expressed any opinion with regard to other cases and simultaneously we also clearly state that our observations in this case are only meant for purpose of setting aside the order granting bail and would have no impact or effect during the trial. - CRIMINAL APPEAL NO.1272 OF 2015 (@ SLP(Crl) No. 1596 OF 2015) - - - Dated:- 29-9-2015 - MISRA,DIPAKPANT,PRAFULLA CHANDRA(J) J U D G M E N T Dipak Misra, J. The present appeal, by special leave, on a summary glance may appear that a victim who might have an axe to grind against the accused, the respondent no.2 herein, and further to wreck his vengeance has approached this Court seeking cancellation of his bail, possibly being emboldened by the inaction of the State authorities who have chosen to maintain sphinx like silence or decided to assume the stagnated posture of a splendid sculpture of Rome, and invigorated by the thought that he can singularly carry the crusade, without any support, for he has a cause ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to the murder of his elder brother, Yashvir Yadav. On the basis of the lodging of the FIR, the criminal law was set in motion and eventually chargesheet was filed which formed the subject matter of Case Crime No. 237 of 2013 for the offences punishable under Sections 147, 148, 149, 302, 307, 394, 411, 454, 506, 120B read with Section 34 IPC. After the application for bail was rejected by the learned trial Judge, the accused person, respondent no.2, moved the High Court in Criminal Misc. Bail Application No. 25466 of 2014. It was contended before the High Court that an omnibus role had been ascribed to him and the other accused persons that they had indulged in general firing as a consequence of which one person had died, for he had received three gun shot injuries. It was also contended that there was no credible evidence against the accused persons. The real plank of submission before the High Court, as is perceptible, was that prayer for bail in respect of 11 accused persons including Mitthan Yadav had already been allowed, and there was no justification to deny him the said benefit as he was similarly placed. 4. The prayer for bail was resisted by the Public Prosecutor conte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... enthusiastic submission leaves us unimpressed, as that is not the real thrust of the matter. 7. The mystery does not end there. Mr. P. George Giri, learned counsel for the respondent on 14.9.2015, in course of hearing, on instructions advanced an eminently innocuous, but innovative plea with the potentiality to create immense confusion that the description of respondent no.2 is absolutely erroneous, and, in fact, he is not the accused in any case. Mr. Pradeep Kumar Yadav very fairly stated that there has been a typographical error in describing the name of the respondent no.2, for his name should have been Budhpal @ Buddhu s/o. Sh. Ram and not Santpal Yadav. Mr. R.K. Dash, learned senior counsel appearing for the State apprised us that the address is correct as stated in the FIR and the chargesheet and the same is also reflected in the application for grant of bail. Taking note of the said situation, we permitted the cause title to be corrected. However, the issue having been raised regarding the identity of the respondent no.2, to clear our conscience, we asked the State to show us the documents that he is the person who is accused of the offence. On the next occasion, documen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... such exercise of discretion has to be made in a judicious manner and not as a matter of course. The heinous nature of crimes warrants more caution as there is a greater chance of rejection of bail though, however, dependent on the factual matrix of the matter. In the said case, reference was made to Prahlad Singh Bhati v. NCT of Delhi (2001) 4 SCC 280 , and thereafter the court proceeded to state the following principles:- (a) While granting bail the court has to keep in mind not only the nature of the accusations, but the severity of the punishment, if the accusation entails a conviction and the nature of evidence in support of the accusations. (b) Reasonable apprehensions of the witnesses being tampered with or the apprehension of there being a threat for the complainant should also weigh with the court in the matter of grant of bail. (c) While it is not expected to have the entire evidence establishing the guilt of the accused beyond reasonable doubt but there ought always to be a prima facie satisfaction of the court in support of the charge. (d) Frivolity in prosecution should always be considered and it is only the element of genuineness that shall have to be co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... order situation. In a civilised society, a crime disturbs orderliness. It affects the peaceful life of the society. An individual can enjoy his liberty which is definitely of paramount value but he cannot be a law unto himself. He cannot cause harm to others. He cannot be a nuisance to the collective. He cannot be a terror to the society; and that is why Edmund Burke, the great English thinker, almost two centuries and a decade back eloquently spoke thus:- Men are qualified for civil liberty, in exact proportion to their disposition to put moral chains upon their own appetites; in proportion as their love to justice is above their rapacity; in proportion as their soundness and sobriety of understanding is above their vanity and presumption; in proportion as they are more disposed to listen to the counsel of the wise and good, in preference to the flattery of knaves. Society cannot exist unless a controlling power upon will and appetite be placed somewhere and the less of it there is within, the more there must be without. It is ordained in the eternal constitution of things that men of intemperate minds cannot be free. Their passions forge their fetters (Alfred Howard, The Beau ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mountain, the complexity of creation, the simplicity and humility of a saint and the austerity of a Spartan, but it always remains wedded to rule of law absolutely unshaken, unterrified, unperturbed and loyal. 18. Before parting with the case, we may repeat with profit that it is not an appeal for cancellation of bail as the cancellation is not sought because of supervening circumstances. The annulment of the order passed by the High Court is sought as many relevant factors have not been taken into consideration which includes the criminal antecedents of the accused and that makes the order a deviant one. Therefore, the inevitable result is the lancination of the impugned order 19. Resultantly, the appeal is allowed and the order passed by the High Court is set aside. If the respondent no.2 is at large, he shall be taken into custody forthwith; and if he is still in custody because of certain other cases, he shall not be admitted to bail in connection with the present case. We make it clear that we have not expressed any opinion with regard to other cases and simultaneously we also clearly state that our observations in this case are only meant for purpose of setting aside t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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