Ms. P vs The State of Madhya Pradesh and Another

Court

Supreme Court of India

Date

5 May 2022

Case No.

Civil Appeal No. 740 of 2022

Result

Allowed

Bench

N.V. Ramana, Krishna Murari, Hima Kohli

Citation

[2022] 3 S.C.R. 823 : 2022 INSC 514

Headnote

Code of Criminal Procedure, 1973: s. 439 – Special powers of High Courts and Courts of Sessions regarding bail – Exercise of – Held: High Court or the Sessions Court have wide discretion u/s. 439(1) however, it must be exercised after due application of the judicial mind and not in a routine manner – Liberty of the individual has been placed on the high pedestal however, the reasons for granting bail should be furnished – Absence of cogent reasons and failure to refer the relevant factors to grant bail can persuade the appellate court to interfere with the order passed – Bail once granted, can be cancelled only under supervening circumstances or when the conduct of the accused is no longer conducive to a fair trial – On facts, the High Court not justified in exercising its jurisdiction u/s. 439(1) for grant of regular bail to respondent no. 2-student leader against whom case was registered u/ss. 376(2)(n) and 506 IPC – High Court granted bail to the respondent no. 2 on the ground of delay in lodging the FIR, without offering any plausible explanation for the same – Respondent no. 2 is involved in four criminal cases – Respondent no. 2 immediately after being released from jail, took out a procession and mounted hoardings in the city, with his photographs prominently displayed, celebrating his release – Captions tagged to his photographs on the social media highlight the superior position and power wielded by the respondent No.2 and his family in the society and its deleterious impact on the complainant – Brazen conduct of the respondent no. 2 has evoked bona-fide fear in the mind of the complainant that she would not get a free and fair trial if he remains enlarged on bail and there is a likelihood of his influencing the material witness – High Court while granting bail overlooked the relevant material bought on record – Supervening adverse circumstances also warrant cancellation of bail – Thus, the order granting bail is quashed and set aside. Ram Govind Upadhyay v. Sudarshan Singh and Others (2002) 3 SCC 598 : [2002] (2) SCR 526; Prahlad Singh Bhati v. NCT, Delhi and Another (2001) 4 SCC 280 : [2001] 2 SCR 684; Chaman Lal v. State of U.P. and Another (2004) 7 SCC 525 : [2004] 3 Suppl. SCR 584; Kalyan Chandra Sarkar v. Rajesh Ranjan Alias Pappu Yadav and Another (2004) 7 SCC 528; Puran v. Rambilas and Another (2001) 6 SCC 338 : [2001] 3 SCR 432; Prasanta Kumar Sarkar v. Ashis Chatterjee and Another (2010) 14 SCC 496 : [2010] 12 SCR 1165; Kalyan Chandra Sarkar v. Rajesh Ranjan Alias Pappu Yadav and Another (2004) 7 SCC 528; Narendra K. Amin (Dr.) v. State of Gujarat and Another (2008) 13 SCC 584 : [2008] 6 SCR 1149; Dipak

The Order of the Court was passed by HIMA KOHLI, J. 1. Leave granted. 2. The present appeal by way of special leave arises from an order dated 16th November, 2021, passed by the learned Single Judge of the High Court of Judicature for Madhya Pradesh; at Jabalpur in MCRC No. 55343 of 2021, whereby an application filed by the respondent No. 2/accused under Section 439 of the Code of Criminal Procedure, 1973 1 has been allowed and he has been granted bail on furnishing a personal bond for a sum of ` 1,00,000/- (Rupees One Lac only) with a solvent surety in the like amount to the satisfaction o

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