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Criminal · Reportable judgment

Brijmani Devi vs Pappu Kumar & Anr.

Court
Supreme Court of India
Date
17 December 2021
Case No.
Criminal Appeal No.1663 of 2021
Result
Allowed
Bench
L. Nageswara Rao, Bhushan Ramkrishna Gavai, B.V. Nagarathna
Citation
[2021] 9 S.C.R. 533 : 2021 INSC 919
Supreme Court Reports [2021] 9 S.C.R. 533 : 2021 INSC 919
Headnote

Penal Code, 1860 – ss.302 r/w 34; 341, 307 r/w 34 – Bail – Respondent accused of murder of appellant’s son – Bail rejected by Sessions Court –Granted by High Court with certain conditions – On appeal, held: Offences alleged against respondent are serious vis-a-vis the appellant’s son at two points of time, in 2017 alleging attempt to murder him and in 2020 alleging his murder – Respondent has criminal antecedents – There is a likelihood of him absconding or threatening the witnesses if on bail which would have a vital bearing on the trial – Present cases not fit for grant of bail to the respondent in respect of the two serious accusations against him vis-a-vis the very same person – High Court lost sight of the vital aspects of the case and granted bail by very cryptic orders – Impugned orders set aside – Respondent to surrender – Arms Act – ss.25, 27 – Maxims – cessante ratione legis cessat ipsa lex.

Bail – Grant of – Factors to be considered – Discussed. Bail – Order of – Recording of reasons – Held: While elaborating reasons may not be assigned for grant of bail, at the same time an order de hors reasoning or bereft of relevant reasons cannot result in grant of bail – It would be only a non speaking order which is an instance of violation of principles of natural justice – In such a case the prosecution or the informant has a right to assail the order before a higher forum – Principles of natural justice. Gudikanti Narsimhulu & Ors. vs. Public Prosecutor, High Court of Andhra Pradesh (1978) 1 SCC 240 : [1978] 2 SCR 371; Prahlad Singh Bhati vs. NCT of Delhi & ORS (2001) 4 SCC 280 : [2001] 2 SCR 684; Ram Govind Upadhyay vs. Sudarshan Singh (2002) 3 SCC 598 : [2002] 2 SCR 526; Kalyan Chandra Sarkar vs. Rajesh Ranjan alias Pappu Yadav & Anr. (2004) 7 SCC 528 : [2004] 7 SCC 528; Gobarbhai Naranbhai Singala vs. State of Gujarat & Ors. etc. etc. (2008) 3 SCC 775 : [2008] 2 SCR 131; Panchanan Mishra vs. Digambar Mishra (2005) 3 SCC 143 : [2005] 1 SCR 484; State of UP vs. Amarmani Tripathi (2005) 8 SCC

Read the full headnote (1 more paragraph)

21 : [2005] 3 Suppl. SCR 454; Ash Mohammad vs. Shiv Raj Singh @ Lalla Bahu & Anr. (2012) 9 SCC 446 : [2012] 7 SCR 584; Neeru Yadav vs. State of UP & Anr. (2016) 15 SCC 422 : [2015] 10 SCR 802; Anil Kumar Yadav v. State (NCT of Delhi) (2018) 12 SCC 129 : [2017] 11 SCR 195; Bhoopindra Singh vs. State of Rajasthan & Anr. Cr.A. 1279 of 2021; Mahipal vs. Rajesh Kumar (2020) 2 SCC 118 : [2019] 14 SCR 529; Kranti Associates Private Limited & Anr. Vs. Masood Ahmed Khan & Ors. (2010) 9 SCC 496 : [2010] 10 SCR 1070 – relied on.

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Filed under

Indian Penal Code, 1860 Section 302, Indian Penal Code, 1860 Section 34, Indian Penal Code, 1860 Section 307, Indian Penal Code, 1860 Section 341, Indian Penal Code, 1860 Murder (Section 302 IPC / 103 BNS)

Cases cited

As listed in the Supreme Court Reports. Linked where the judgment is on LegalFirms.in.

  • [1978] 2 SCR 371 relied on
  • [2001] 2 SCR 684 relied on
  • [2002] 2 SCR 526 relied on
  • [2004] 7 SCC 528 relied on
  • [2008] 2 SCR 131 relied on
  • [2005] 1 SCR 484 relied on
  • [2005] 3 Suppl. SCR 454 relied on
  • [2012] 7 SCR 584 relied on
  • [2015] 10 SCR 802 relied on
  • [2017] 11 SCR 195 relied on
  • Cr.A. 1279 of 2021 relied on
  • [2019] 14 SCR 529 relied on
Show 1 more
  • [2010] 10 SCR 1070 relied on

Cited in 2 later judgments on LegalFirms.in

From the case lists those reports print.

Full Judgment Text

The Order of the Court was passed by NAGARATHNA J. Leave granted. 2. These appeals have been preferred by the informant - appellant assailing the orders dated 22.07.2021 and 13.09.2021 passed by the High Court of Judicature at Patna in Criminal Miscellaneous Nos.11683 of 2021 and 26463 of 2021 respectively whereby bail has been granted to the accused who is the common respondent in the appeals, in connection with Naubatpur P.S. Case No.93 of 2020 and Parsa Bazar P.S. Case No.316 of 2017 respectively. 3. The facts in a nutshell are that the appellant is the mother of the deceased Rupesh Kum
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