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2015 (9) TMI 1430 - SUPREME COURT

2015 (9) TMI 1430 - SUPREME COURT - 2015 AIR 3703, 2015 (9) JT 61, 2015 (10) SCALE 234 - Grant of bail - nature of offence - whether the High Court have enlarged bail on the foundation of parity? - Held that:- It is clear as cloudless sky that the High Court has totally ignored the criminal antecedents of the accused. What has weighed with the High Court is the doctrine of parity. A history-sheeter involved in the nature of crimes which we have reproduced hereinabove, are not minor offences so t .....

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he 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 the order gra .....

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d 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 to vindicate by valiantly exposing the legal infirmities in the order passed by the High Court admitting the 2nd respondent to bail and also unconceal the lackadaisical attitude of the State, but on a keener scrutiny the .....

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the Court on the other. The analysis has to be made, that being an imperative command, between the honest nidification and the surreptitious edifice. 2. Mr. Pradeep Kumar Yadav, learned counsel for the appellant, with all the distress and the intellectual agony at his command, has submitted that the High Court without appropriate analysis and even without being fully apprised of the fact situation, solely on the basis of parity, as if it is the only foundation or for that matter, the comet that .....

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2 to engage in fertile imagination possibly thinking that the ground of parity is the real structure of palladium to bring the nemesis of the prosecution and put the Court in a situation to choose between Scylla and Charybdis. And, at this juncture, we must state that both the appellant and the State (though at a later stage) have become Argus-eyed and destroyed the ingenious foundation so astutely built by the accused. 3. Keeping in view the aforesaid submissions, we shall proceed to adumbrate .....

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ection 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 evid .....

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oth the parties, has passed following order:- In view of above facts, considering the nature of allegation, severity of punishment and period of detention, without expressing any opinion on merit, it is a fit case for bail. Let the applicant Budhpal @ Buddhu be enlarged on bail on his furnishing a personal bond with two heavy sureties each in the like amount to the satisfaction of court concerned in case crime no. 237 of 2013 under Section 147,148,149,302,307,394,411,454,506, 120B, 34 I.P.C. Pol .....

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ppeal by special leave. 5. At the outset we are obliged to clarify that it is not an appeal seeking cancellation of bail in the strictest sense. It actually calls in question the legal pregnability of the order passed by the High Court. The prayer for cancellation of bail is not sought on the foundation of any kind of supervening circumstances or breach of any condition imposed by the High Court. The basic assail is to the manner in which the High Court has exercised its jurisdiction under Secti .....

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m v. Ramprasad Vishwanah Gupta4.] 6. Having cleared that maze, we may clarify, though seriously urged by Mr. P. George Giri that there is no warrant for cancellation of bail as there has been no supervening circumstances, yet the said 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 innocuou .....

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ect 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, documents were shown and we were satisfied, and we allowed the ambitious sub .....

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given it a glorious ignore which the law does not countenance. The solitary and the singular grievance which is propounded with solidity that the High Court should have dwelt upon the same and thereafter decided the matter. Mr. Dash, learned senior counsel (though the State has not moved any application for setting aside the order of bail granted by the High Court for the reasons which are unfathomable) unhesitatingly accepted the said submission. In the additional affidavit, an independent char .....

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PS Sihani Gate, Ghaziabad 6. FIR No. 98/05 u/s. 2/3 Gangster Act, PS Sector 49, Noida, Gautam Budh Nagar 7. FIR No. 451/12 u/s. 60 PS Sector 49 Noida, Gautam Budh Nagar 9. On a perusal of the aforesaid list, it is quite vivid that the respondent no.2 is a history-sheeter and is involved in heinous offences. Having stated the facts and noting the nature of involvement of the accused in the crimes in question, there can be no scintilla of doubt to name him a history-sheeter . The question, therefo .....

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gh, 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 b .....

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matter of grant of bail, and in the event of there being some doubt as to the genuineness of the prosecution, in the normal course of events, the accused is entitled to an order of bail. 11. It is a well settled principle of law that while dealing with an application for grant of bail, it is the duty of the Court to take into consideration certain factors and they basically are, (i) the nature of accusation and the severity of punishment in cases of conviction and the nature of supporting evide .....

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discretion judiciously, cautiously and strictly in compliance with the basic principles laid down in catena of judgments on that point. The Court proceeded to enumerate the factors:- 9. … among other circumstances, the factors [which are] to be borne in mind while considering an application for bail are: (i) whether there is any prima facie or reasonable ground to believe that the accused had committed the offence; (ii) nature and gravity of the accusation; (iii) severity of the punishmen .....

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a crime though committed against an individual, in all cases it does not retain an individual character. It, on occasions and in certain offences, accentuates and causes harm to the society. The victim may be an individual, but in the ultimate eventuate, it is the society which is the victim. A crime, as is understood, creates a dent in the law and order situation. In a civilised society, a crime disturbs orderliness. It affects the peaceful life of the society. An individual can enjoy his libe .....

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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 passi .....

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raints. There is no liberty without order. There is no order without systematised restraint. Restraints are the substance without which liberty does not exist. They are the essence of liberty. The great problem of the democratic process is not to strip men of restraints merely because they are restraints. The great problem is to design a system of restraints which will nurture the maximum development of man s capabilities, not in a massive globe of faceless animations but as a perfect realisatio .....

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reinabove, are not minor offences so that he is not to be retained in custody, but the crimes are of heinous nature and such crimes, by no stretch of imagination, can be regarded as jejune. Such cases do create a thunder and lightening having the effect potentiality of torrential rain in an analytical mind. The law expects the judiciary to be alert while admitting these kind of accused persons to be at large and, therefore, the emphasis is on exercise of discretion judiciously and not in a whims .....

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