TMI Blog2020 (11) TMI 965X X X X Extracts X X X X X X X X Extracts X X X X ..... (iv) The antecedents of and circumstances which are peculiar to the Accused; (v) Whether prima facie the ingredients of the offence are made out, on the basis of the allegations as they stand, in the FIR; and (vi) The significant interests of the public or the State and other similar considerations. Human liberty is a precious constitutional value, which is undoubtedly subject to Regulation by validly enacted legislation. As such, the citizen is subject to the edicts of criminal law and procedure. Section 482 recognizes the inherent power of the High Court to make such orders as are necessary to give effect to the provisions of the Code of Criminal Procedure or prevent abuse of the process of any Court or otherwise to secure the ends of justice . Decisions of this Court require the High Courts, in exercising the jurisdiction entrusted to them Under Section 482, to act with circumspection. In emphasising that the High Court must exercise this power with a sense of restraint, the decisions of this Court are founded on the basic principle that the due enforcement of criminal law should not be obstructed by the Accused taking recourse to artifices and strategies - The need ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e given expression to our anguish in a case where a citizen has approached this Court. We have done so in order to reiterate principles which must govern countless other faces whose voices should not go unheard. This Court had directed the release of all the three Appellants on bail pending the disposal of the proceedings before the High Court. The following operative directions were issued on 11 November 2020: The High Court was in error in rejecting the applications for the grant of interim bail. We accordingly order and direct that Arnab Manoranjan Goswami, Feroz Mohammad Shaikh and Nitesh Sarda shall be released on interim bail, subject to each of them executing a personal bond in the amount of ₹ 50,000 to be executed before the Jail Superintendent. They are, however, directed to cooperate in the investigation and shall not make any attempt to interfere with the ongoing investigation or with the witnesses - The concerned jail authorities and the Superintendent of Police, Raigad are directed to ensure that this order is complied with forthwith. - Criminal Appeal No. 742 to 744/2020, (Arising out of SLP (Crl.) No. 5598 to 5600/2020), - - - Dated:- 27-11-2020 - Dr. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... November 2020, noted that prayer (a) by which a writ of habeas corpus was sought was not pressed. The High Court posted the hearing of the petition for considering the prayer for quashing of the FIR on 10 December 2020. It declined to accede to the prayer for the grant of bail, placing reliance on a decision of this Court in State of Telangana v. Habib Abdullah Jeelani (2017) 2 SCC 779 (Habib Jeelani ). The High Court was of the view that the prayers for interim relief proceeded on the premise that the Appellant had been illegally detained and since he was in judicial custody, it would not entertain the request for bail or for stay of the investigation in the exercise of its extra-ordinary jurisdiction. The High Court held that since the Appellant was in judicial custody, it was open to him to avail of the remedy of bail Under Section 439 of the Code of Criminal Procedure. The High Court declined prima facie to consider the submission of the Appellant that the allegations in the FIR, read as they stand, do not disclose the commission of an offence Under Section 306 of the Indian Penal Code. That is how the case has come to this Court. The Appellant is aggrieved by the denial of hi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is not received he is under great mental pressure. Yesterday on 04.05.2018 at 3.45 pm in afternoon my husband Anvay Madhukar Naik and my mother in law Kumud Madhukar Naik left from our house at Mumbai and came at Alibag Kavir. At evening 7.30 I called on the mobile No. 9763437648 of my mother in law and when enquired as to whether they have reached at our farm house at Kavir Ali bag or otherwise when my mother in law informed me that she and my husband reached and as care taker aaji gone out she will required to carry out all the work in the house. Today on 05.05.2018 at morning 9.30 am when I and my daughter Adnya were at our house at Mumbai Shri Aruni Patil residing at Dadar Hindu Colony, Mumbai called my daughter Adnya on her mobile that my mother in law Kumud Naik expired. Therefore I and my daughter Adnya sister Mrs. Manjusha Durgesh Vaingankar, and her daughter Shreya Vaingankar started coming to Alibag through our own vehicle. After we reached at Wadkhal I called on mobile of friend of my husband Shri Akshit Lakhani and enquired about my husband when he informed that my husband Anvay Madhukar Naik has also committed suicide. When we reached at our farm house at Kavir at arou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and even after continuously demanding the said amount have not paid the said amount and therefore my husband was under great pressure therefore my husband Anvay Naik Age 53 years and my mother in law Kumud Madhukar Naik died and the information of such contents was registered and PI Shri Warade is investigating the said offence. The FIR records thus: (i) The Appellant (who owns the company ARG) had not paid an amount of ₹ 83 lacs for the Bombay Dyeing Studio project. In addition, there was an outstanding amount of ₹ 4 crores from Feroz Shaikh and ₹ 55 lacs from Nitesh Sarda (who are the Appellants in the connected Criminal Appeals); (ii) The spouse of the informant had not received payment for the work which was carried out by him, as a result of which he was under mental pressure and that he committed suicide by hanging on 5 May 2018; (iii) There is a 'suicide note' holding the above three individuals responsible; and (iv) The informant was informed on 5 May 2018, when she and her daughter were at their residence at Mumbai, that her mother-in-law Kumud Naik had died at their Alibaug residence. On the way to Alibaug, she was informed that he ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or being of a civil nature. Non-cognizable Police investigation reveals commission of only non-cognizable offence. 10. Following the 'A' summary, there was an exchange of correspondence between ARG and the informant. ARG by their letter dated 11 June 2019, addressed to CDPL, the informant and her daughter, indicated that several meetings had been held in the past between them during the course of which ARG had sought indemnities from CDPL against any future claims. In its letter, ARG stated that it would be transferring a sum of ₹ 39.01 lacs into CDPL's last known bank account against an indemnity for future claims by the creditors or lenders of CDPL. In response, on 15 June 2019, the informant addressed a communication to ARG stating that out of a total billed amount of ₹ 6.45 crores, an amount of ₹ 5.75 crores had been received from ARG, and after adjustment of an amount of ₹ 70.39 lacs towards deductions made from the bill, an amount of ₹ 88.02 lacs was due and payable. On 6 November 2019, ARG addressed another letter to the informant recording the closure of the police investigation and reiterating its readiness to pay an amount ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2020 was filed against the Appellant due to a telecast which took place on 29 April 2020 on the Appellant's new channels, in which the Appellant referred to a gathering of migrant workers at the Bandra Railway station during the Covid-19 pandemic, and attempted to connect a place of religious worship with this gathering. The Appellant filed another petition Under Article 32 of the Constitution 5 , challenging the registration of FIR 137 of 2020. 15. By its judgment dated 19 May 2020, this Court quashed all the FIRs, except for the FIR which was transferred from Nagpur to Mumbai, on the ground that successive FIRs/complaints in respect of the same cause could not be maintained. The court granted liberty to the Appellant to pursue such remedies as were available in law before the competent forum for quashing FIR 164 of 2020. 16. By an order dated 30 June 2020, a Division Bench of the Bombay High Court, while entertaining a petition Under Articles 226/227 of the Constitution and Section 482 of the Code of Criminal Procedure, suspended all further proceedings in FIR 164 of 2020 before the NM Joshi Marg Police Station and FIR 137 of 2020 before the Pydhonie Police Station ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing Officer to submit the investigation paper in a sealed envelope on 4 November 2020. The High Court noted that the Appellant had as on date not been arrayed as an Accused in the FIR and if the investigating officer proposed to make an enquiry, a summons shall be issued to him. The Appellant agreed to cooperate in the enquiry. D Re-opening of investigation and arrest of the Appellant 18. On 26 May 2020, the Home Department of the State of Maharashtra addressed a communication to Deputy Inspector General of Police stating that the FIR registered as Crime No. 59 of 2020, at Alibaug Police Station Under Sections 306/34 of the Indian Penal Code, was being transferred to the crime investigation department for the purpose of reinvestigation . The letter, insofar as is material, reads thus: In respect of the above mentioned subject, you are hereby informed that crime No. 59/2020 registered at Alibaug Police Station Under Section 306/34 and Crime No. 114 of 2018 registered at Alibaug Police Station Under Section 302 are being transferred to Crime Investigation Department for the purposes of reinvestigation. Hence, you are requested to undertake the necessary steps for handing ov ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mitted that: (i) The arrest of the Appellant is rooted in malice in fact, which is evident from the manner in which the Appellant as the Editor-in-Chief of Republic TV and R Bharat has been targeted for his news broadcasts criticizing the Maharashtra government and the Maharashtra police; (ii) Following the acceptance of the police report and the issuance of an 'A' summary on 16 April 2019, the reinvestigation which has been ordered at the behest of the Home Minister of the State of Maharashtra is ultra vires. Further, in the absence of the specific permission of the CJM, it was not open to the State to conduct a reinvestigation; and (iii) The allegations contained in the FIR, read as they stand, do not establish an offence Under Section 306 read with Section 34 of the Indian Penal Code. To constitute the offence of abetment there must exist: i. A direct or indirect incitement to the commission of a crime; ii. An active role of the Accused in instigating or doing an act facilitating the commission of the crime; and iii. The existence of a proximate relationship in time. In the present case, it was submitted that even if the allegations in the FIR are ac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eclined to express a prima facie view on the issue of mala fides since an opportunity was being granted to the State to file its counter. Similarly, the issue as to whether the FIR is liable to be quashed would be taken up at the final hearing on 10 December 2020 and hence the High Court has correctly refrained from expressing a prima facie view; (iii) Between 15 October 2020 and 4 November 2020, a further investigation has been carried out and statements have been recorded Under Section 164 of the Code of Criminal Procedure; (iv) In accordance with this Court's judgment in the case of Praveen Pradhan v. State of Uttaranchal and Ors. (2012) 9 SCC 734 ( Praveen Pradhan ), instigation to commit suicide has to be gathered from the circumstances of a particular case. Hence, while there may not be direct evidence in regard to instigation which may have direct nexus to suicide, an inference has to be drawn from the circumstances to determine whether they were of a nature which created a situation in which a person felt totally frustrated and ended up committing suicide. Further, while making a determination as to the quashing of proceedings, the Court has to form only a tentati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f Criminal Procedure. An 'A' summary postulates that there was no completed investigation. Hence, requiring prior judicial sanction as a precondition for conducting further investigation after the filing of an 'A' summary will impede the ability of investigating authorities to effectively perform their role. Such a course of action is also permissible in view of the decision of this Court in Vinubhai Haribhai Malaviya v. State of Gujarat; and (xii) The High Court was justified in coming to the conclusion that there was nothing extraordinary in the facts of the present case to shock the conscience of the Court so as to take recourse to its extraordinary jurisdiction Under Article 226 to direct the release of the Appellant on interim bail. Any other view would lead to the jurisdiction of the High Court Under Article 226 being extended to grant the remedy of an application for bail, which is already available Under Section 439 of the Code of Criminal Procedure. 26. In the same vein as the submissions which have been urged on behalf of the second Respondent by Mr. Amit Desai, Mr. Kapil Sibal, learned Senior Counsel appearing on behalf of the first Respondent, has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nfers a broad power of further investigation on the Investigating Officer. Having regard to the context of an 'A summary, this power has been legitimately exercised in the present case. The exercise of the power of further investigation Under Section 173(8) of the Code of Criminal Procedure would not require judicial sanction. 28. Together with the present Civil Appeal, this Court has also heard submissions in two companion Civil Appeals. In the two companion appeals, submissions have been made before this Court by Mr. Gopal Sankaranarayanan and Mr. Mukul Rohatgi, learned Senior Counsel. F Criminal Appeal No. 743 of 2020 (Arising out of SLP (Crl) No. 5599 of 2020) 29. Mr. Gopal Sankaranarayanan, learned Senior Counsel, submitted that the appeal has been filed by the sister of Mr. Feroz Shaikh who has been named as an Accused. 30. Mr. Feroz Shaikh is a Director in iCastX Technologies Private Limited. In 2016, iCastX Technologies hired the services of M/s. Atos India Private Limited for the work of construction, renovation and refurbishing of their office premises at Andheri East, Mumbai. Atos India Private Limited in turn sub-contracted the work to CDPL. Hence, it ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a civil suit regarding the disputed debt between their companies is pending. 35. The invocation of the jurisdiction of the High Court Under Articles 226/227 of the Constitution and Section 482 of the Code of Criminal Procedure is in support of two distinct reliefs. The first relief is for a writ of habeas corpus. This relief has been claimed on the basis that the arrest and consequent detention of the Appellant was due to a reinvestigation which was commenced after placing reliance on the letter dated 26 May 2020 of the Home Department of the Government of Maharashtra to the Director General of Police. The submission is that once the CJM accepted the report submitted by the Investigating Officer and issued an 'A' summary on 16 April 2019, it was not open to the Investigating Officer to commence a reinvestigation without judicial sanction. 36. Joining issue with this submission is the argument of the State that the power of the investigating officer to order a further investigation Under Section 173(8) of the Code of Criminal Procedure is independent of the jurisdiction of the Magistrate. In the view of the State, Section 4 of the Bombay Police Act, 1951 entrusts the s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pression comprehensive reinvestigation and the fact that reinvestigation has become necessary . 39. Finally, it was urged that the order of the Home Minister in the State was issued on 26 May 2020 whereas the investigation commenced on 15 October 2020 and the arrest was made on 4 November 2020 in respect of an FIR lodged in May 2018 on which an 'A' summary had been accepted on 16 April 2019. In sum and substance, it has been submitted that after the order of closure on 16 April 2019, a reinvestigation could not have been ordered in the case. The arrest has been termed unlawful. H Jurisdiction of the High Court Under Article 226 and Section 482 Code of Criminal Procedure. 40. While considering the rival submissions, it is essential for the purpose of the present appeals to elucidate on the nature of the jurisdiction that is vested in the High Court Under Article 226 of the Constitution and Section 482 of the Code of Criminal Procedure. This issue must be analysed from the perspective of the position that the proceeding before the High Court, after the prayer for the grant of a writ of Habeas Corpus was given up, is for quashing the FIR being CR No. 0059 of 2018 l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t the following issue was formulated in the first paragraph of the judgment of this Court, speaking through Justice Dipak Misra (as he then was), for consideration: 1. The seminal issue that arises for consideration in this appeal, by special leave, is whether the High Court while refusing to exercise inherent powers Under Section 482 of the Code of Criminal Procedure (CrPC) to interfere in an application for quashment of the investigation, can restrain the investigating agency not to arrest the Accused persons during the course of investigation. Between paragraphs 11 and 15, this Court then evaluated the nature of the jurisdiction Under Section 482 of the Code of Criminal Procedure or Under Article 226 of the Constitution for quashing an FIR and observed: 11. Once an FIR is registered, the Accused persons can always approach the High Court Under Section 482 Code of Criminal Procedure or Under Article 226 of the Constitution for quashing of the FIR. In Bhajan Lal [State of Haryana v. Bhajan Lal, 1992 Supp (1) SCC 335 : 1992 SCC (Cri) 426 : AIR 1992 SC 604] the two-Judge Bench after referring to Hazari Lal Gupta v. Rameshwar Prasad [Hazari Lal Gupta v. Rameshwar Prasad, (19 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lice officers Under Section 156(1) of the Code except under an order of a Magistrate within the purview of Section 155(2) of the Code. (3) Where the uncontroverted allegations made in the FIR or complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the Accused. (4) Where, the allegations in the FIR do not constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by a police officer without an order of a Magistrate as contemplated Under Section 155(2) of the Code. (5) Where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the Accused. (6) Where there is an express legal bar engrafted in any of the provisions of the Code or the Act concerned (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the Code or the Act concerned, providing efficacious redress for the grievance of the aggrieved ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... case [Kurukshetra University v. State of Haryana, (1977) 4 SCC 451 : 1977 SCC (Cri) 613] compels us to observe that we are also surprised by the impugned order. 43. Thereafter, this Court noted that the High Court has not referred to allegations made in the FIR or what has come out in the investigation . While on the one hand, the High Court declined in exercising its jurisdiction Under Section 482 to quash the proceedings, it nonetheless directed the police not to arrest the Appellants during the pendency of the investigation. It was in this context that this Court observed that the High Court had, while dismissing the applications Under Section 482, passed orders that if the Accused surrenders before the trial Magistrate, he shall be admitted to bail on such terms and conditions as it was deemed fit and appropriate. After adverting to the earlier decision in Hema Mishra v. State of UP (2014) 4 SCC 453, this Court observed: 23. We have referred to the authority in Hema Mishra [Hema Mishra v. State of U.P., (2014) 4 SCC 453 : (2014) 2 SCC (Cri) 363] as that specifically deals with the case that came from the State of Uttar Pradesh where Section 438 Code of Criminal Procedure ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... risdiction have been duly established and if so whether a case for the grant of interim bail has been made out. The settled principles which have been consistently reiterated since the judgment of this Court in State of Haryana v. Bhajan Lal 1992 Supp. 1 SCC 335 ( Bhajan Lal ) include a situation where the allegations made in the FIR or the complaint, even if they are taken at their face value and accepted in their entirety, do not prima facie constitute any offence or make out a case against the Accused. This legal position was recently reiterated in a decision by a two-judge Bench of this Court in Kamal Shivaji Pokarnekar v. State of Maharashtra (2019) 14 SCC 350. I Prima Facie evaluation of the FIR and the grant of bail 45. The striking aspect of the impugned judgment of the High Court spanning over fifty-six pages is the absence of any evaluation even prima facie of the most basic issue. The High Court, in other words, failed to apply its mind to a fundamental issue which needed to be considered while dealing with a petition for quashing Under Article 226 of the Constitution or Section 482 of the Code of Criminal Procedure. The High Court, by its judgment dated 9 November ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... th one or more other persons for the doing of a thing, and an act or illegal omission in pursuance of the conspiracy. Under the third segment, abetment is founded on intentionally aiding the doing of a thing either by an act or omission. These provisions have been construed specifically in the context of Section 306 to which a reference is necessary in order to furnish the legal foundation for assessing the contents of the FIR. These provisions have been construed in the earlier judgments of this Court in State of West Bengal v. Orilal Jaiswal (1994) 1 SCC 73, Randhir Singh v. State of Punjab (2004) 13 SCC 129, Kishori Lal v. State of M.P. (2007) 10 SCC 797 ( Kishori Lal ) and Kishangiri Mangalgiri Goswami v. State of Gujarat (2009) 4 SCC 52. In Amalendu Pal v. State of West Bengal (2010) 1 SCC 707, Justice Mukundakam Sharma, speaking for a two judge Bench of this Court and having adverted to the earlier decisions, observed: 12...It is also to be borne in mind that in cases of alleged abetment of suicide there must be proof of direct or indirect acts of incitement to the commission of suicide. Merely on the allegation of harassment without there being any positive action proxima ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vinced that there is absolutely nothing in this suicide note or the FIR which would even distantly be viewed as an offence much less Under Section 306 Indian Penal Code. We could not find anything in the FIR or in the so-called suicide note which could be suggested as abetment to commit suicide. In such matters there must be an allegation that the Accused had instigated the deceased to commit suicide or secondly, had engaged with some other person in a conspiracy and lastly, that the Accused had in any way aided any act or illegal omission to bring about the suicide. 11. In spite of our best efforts and microscopic examination of the suicide note and the FIR, all that we find is that the suicide note is a rhetoric document in the nature of a departmental complaint. It also suggests some mental imbalance on the part of the deceased which he himself describes as depression. In the so-called suicide note, it cannot be said that the Accused ever intended that the driver under him should commit suicide or should end his life and did anything in that behalf. Even if it is accepted that the Accused changed the duty of the driver or that the Accused asked him not to take the keys of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gate or abet the deceased to commit suicide. The act of the Accused, however, insulting the deceased by using abusive language will not, by itself, constitute the abetment of suicide. There should be evidence capable of suggesting that the Accused intended by such act to instigate the deceased to commit suicide. Unless the ingredients of instigation/abetment to commit suicide are satisfied the Accused cannot be convicted Under Section 306 Indian Penal Code. 51. Similarly, in another recent judgment of this Court in Ude Singh and Ors. v. State of Haryana 8 , a two judge Bench of this Court, speaking through Justice Dinesh Maheshwari, expounded on the ingredients of Section 306 of the Indian Penal Code, and the factors to be considered in determining whether a case falls within the ken of the aforesaid provision, in the following terms: 38. In cases of alleged abetment of suicide, there must be a proof of direct or indirect act/s of incitement to the commission of suicide. It could hardly be disputed that the question of cause of a suicide, particularly in the context of an offence of abetment of suicide, remains a vexed one, involving multifaceted and complex attributes of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rounding factors having bearing on the actions and psyche of the Accused and the deceased. Similarly, in Rajesh v. State of Haryana 9 , a two judge Bench of this Court, speaking through Justice L. Nageswara Rao, held as follows: 9. Conviction Under Section 306 Indian Penal Code is not sustainable on the allegation of harassment without there being any positive action proximate to the time of occurrence on the part of the Accused, which led or compelled the person to commit suicide. In order to bring a case within the purview of Section 306 Indian Penal Code, there must be a case of suicide and in the commission of the said offence, the person who is said to have abetted the commission of suicide must have played an active role by an act of instigation or by doing certain act to facilitate the commission of suicide. Therefore, the act of abetment by the person charged with the said offence must be proved and established by the prosecution before he could be convicted Under Section 306 Indian Penal Code. In a recent decision of this Court in Gurcharan Singh v. State of Punjab 10 , a three judge Bench of this Court, speaking through Justice Hrishikesh Roy, held thus: ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed showed, as this Court observed, that the Appellant perpetually humiliated, exploited and demoralised the deceased, who was compelled to indulge in wrongful practices at the workplace, which hurt his self-respect tremendously. The Court noted that the Appellant always scolded the deceased and tried to always force the deceased to resign. Resultantly, the Court observed: 19. Thus, the case is required to be considered in the light of the aforesaid settled legal propositions. In the instant case, alleged harassment had not been a casual feature, rather remained a matter of persistent harassment. It is not a case of a driver; or a man having an illicit relationship with a married woman, knowing that she also had another paramour; and therefore, cannot be compared to the situation of the deceased in the instant case, who was a qualified graduate engineer and still suffered persistent harassment and humiliation and additionally, also had to endure continuous illegal demands made by the Appellant, upon non-fulfilment of which, he would be mercilessly harassed by the Appellant for a prolonged period of time. He had also been forced to work continuously for long durations in the fac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t to be filed, the High Court ought not to have gone into the aspect whether there was requisite mental element or intention on part of the Respondent. The above observations of the Court clearly indicated that there was a specific allegation in the FIR bearing on the imputation that the Respondent had actively facilitated the commission of suicide by continuously harassing the spouse of the victim and in failing to rectify his conduct despite the efforts of the victim. 55. Now in this backdrop, it becomes necessary to advert briefly to the contents of the FIR in the present case. The FIR recites that the spouse of the informant had a company carrying on the business of architecture, interior design and engineering consultancy. According to the informant, her husband was over the previous two years having pressure as he did not receive the money of work carried out by him . The FIR recites that the deceased had called at the office of the Appellant and spoken to his accountant for the payment of money. Apart from the above statements, it has been stated that the deceased left behind a suicide note stating that his money is stuck and following owners of respective companies ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... wever, the High Court should not foreclose itself from the exercise of the power when a citizen has been arbitrarily deprived of their personal liberty in an excess of state power. 57. While considering an application for the grant of bail Under Article 226 in a suitable case, the High Court must consider the settled factors which emerge from the precedents of this Court. These factors can be summarized as follows: (i) The nature of the alleged offence, the nature of the accusation and the severity of the punishment in the case of a conviction; (ii) Whether there exists a reasonable apprehension of the Accused tampering with the witnesses or being a threat to the complainant or the witnesses; (iii) The possibility of securing the presence of the Accused at the trial or the likelihood of the Accused fleeing from justice; (iv) The antecedents of and circumstances which are peculiar to the Accused; (v) Whether prima facie the ingredients of the offence are made out, on the basis of the allegations as they stand, in the FIR; and (vi) The significant interests of the public or the State and other similar considerations. 58. These principles have evolved over a pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by ensuring that the inherent power of the High Court is exercised with caution. That indeed is one - and a significant-end of the spectrum. The other end of the spectrum is equally important: the recognition by Section 482 of the power inhering in the High Court to prevent the abuse of process or to secure the ends of justice is a valuable safeguard for protecting liberty. The Code of Criminal Procedure of 1898 was enacted by a legislature which was not subject to constitutional rights and limitations; yet it recognized the inherent power in Section 561A. Post-Independence, the recognition by Parliament 12 of the inherent power of the High Court must be construed as an aid to preserve the constitutional value of liberty. The writ of liberty runs through the fabric of the Constitution. The need to ensure the fair investigation of crime is undoubtedly important in itself, because it protects at one level the rights of the victim and, at a more fundamental level, the societal interest in ensuring that crime is investigated and dealt with in accordance with law. On the other hand, the misuse of the criminal law is a matter of which the High Court and the lower Courts in this cou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e the High Court has failed to do so, this Court would be abdicating its role and functions as a constitutional court if it refuses to interfere, despite the parameters for such interference being met. The doors of this Court cannot be closed to a citizen who is able to establish prima facie that the instrumentality of the State is being weaponized for using the force of criminal law. Our courts must ensure that they continue to remain the first line of defense against the deprivation of the liberty of citizens. Deprivation of liberty even for a single day is one day too many. We must always be mindful of the deeper systemic implications of our decisions. 62. It would be apposite to extract the observations made, albeit in a dissenting opinion, by one of us (Dhananjaya Y Chandrachud, J.) in a decision of a three judge bench in Romila Thapar v. Union of India (2018) 10 SCC 753: [T]he basic entitlement of every citizen who is faced with allegations of criminal wrongdoing, is that the investigative process should be fair. This is an integral component of the guarantee against arbitrariness Under Article 14 and of the right to life and personal liberty Under Article 21. If this C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ciples which must govern countless other faces whose voices should not go unheard. 64. We would also like to take this opportunity to place on record data sourced from the National Judicial Data Grid ( NJDG ) on the number of bail applications currently pending in High Courts and District Courts across India: Pendency before the High Courts Bail Applications 91,568 15 Criminal Matters (Writ Petitions, Case/Petitions, Appeals, Revisions and Applications) 12,66,133 Pendency before the District Courts Bail Applications 1,96,861 65. The data on the NJDG is available in the public realm. The NJDG is a valuable resource for all High Courts to monitor the pendency and disposal of cases, including criminal cases. For Chief Justices of the High Courts, the information which is available is capable of being utilized as a valuable instrument to promote access to justice, particularly in matters concerning liberty. The Chief Justices of every High Court should in their administrative capacities utilize the ICT too ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and shall not make any attempt to interfere with the ongoing investigation or with the witnesses. 10. The concerned jail authorities and the Superintendent of Police, Raigad are directed to ensure that this order is complied with forthwith. 11. A certified copy of this order shall be issued during the course of the day 68. The interim protection which has been granted to the above Accused by the order dated 11 November 2020 shall continue to remain in operation pending the disposal of the proceedings before the High Court and thereafter for a period of four weeks from the date of the judgment of the High Court, should it become necessary for all or any of them to take further recourse to their remedies in accordance with law. 69. The appeals are accordingly disposed of. 70. Pending application(s), if any, stand disposed of. 1CR No. 0059 of 2018 2 (a) Issue a writ of habeas corpus and/or any other similar writ, order and direction of like nature, directing the Respondents to produce the Petitioner who has been illegally arrested and wrongfully detained by the Respondent No. 2 in relation to FIR, being C.R. No. 0059 of 2018 dated 5 May 2018, registered at Alibau ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
