Jadunath Singh vs Arvind Kumar & Ors. Etc. Criminal Appeals No. 2170 - 2172 of 2024

Court

Supreme Court of India

Date

19 April 2024

Case No.

CRIMINAL APPEAL No. 2170/2024

Result

Disposed

Bench

Vikram Nath, Sanjay Kumar

Citation

[2024] 5 S.C.R. 561 : 2024 INSC 325

Acts & Sections

IPC

Issue for consideration

Criminal appeal filed by appellant Jadunath Singh against the Allahabad High Court’s decision to grant bail to Arvind Kumar, Chandra Kumar @ Chandu, and Rishi Kumar, who were convicted for life imprisonment under the Indian Penal Code for offenses including murder. The incident occurred on February 11, 2011, in Village Bhogaon, where Arvind Kumar and his associates, armed with firearms, opened fire on Jadunath Singh and others, resulting in the deaths of Rajvir and Pawan Kumar, and injuries to Ravita. The accused were convicted under Sections 147, 148, 302/149, and 120B of the Indian Penal Code (IPC) and sentenced to life imprisonment. During the trial, two of the accused, Chandra Kumar and Rishi Kumar, murdered a police constable, Ajay Kumar, while in judicial custody and attempted to escape, leading to additional charges and a separate trial; Whether the High Court’s decision to grant bail was made with all relevant facts, including the accused’s subsequent criminal conduct, being presented before it; and Whether the principle of parity with other co-accused who have been granted bail is applicable in this case, given the distinct roles and additional crimes committed by Chandra Kumar and Rishi Kumar.

Headnote

Bail – Appeals arising from a Common Order passed by Allahabad High Court – Appellants challenge the High Court’s order granting bail to the applicants – Applicants are “dreaded criminals” who have committed multiple murders, including the murder of Police Constable – Appellant fears if applicants are released on bail, they may conspire to harm the complainant and his family members – High Court’s decision to grant bail was made without considering all relevant facts, particularly the applicants’ subsequent criminal conduct and the ongoing trial for the murder of the police constable – The other coaccused is not part of the murder of the police constable – No interference with the bail granted to such co-accused by the High Court. [Para 12-13]

Held: The High Court did not consider the fact of the murder of the constable- Bail granted to the accused in the murder of the constable is cancelled – Insofar as the other co-accused is concerned, he is not a party to the murder of the constable – Hence, no interference with the bail granted to the co-accused.

Judgment Vikram Nath Leave granted. 2. These appeals arise from a Common Order passed by Allahabad High Court on 08.02.2023 while adjudicating three Criminal AppealsCriminal Appeal No. 5033 of 2019 (Arvind Kumar vs State of U.P.), Jadunath Singh v. Arving Kumar & Ors. Etc. Criminal Appeal No. 5100 of 2019 (Chandra Kumar @ Chandu vs State of U.P.) and Criminal Appeal No. 5102 of 2019 (Rishi Kumar vs State of U.P.). The Applicants had sought for suspension of sentence and grant of bail through these Appeals on the primary ground that they are in jail for more than ten years. Also, two coaccu

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