IMPORTANT POINT
Where accused involved in seven criminal cases of serious charges committed murder while on bail in other criminal cases, bail granted by High Court was liable to be recalled.

Headnote:(i) Criminal Procedure Code, 1973-Section 439-Appeal by complainant challenging order whereby High Court allowed bail to respondent-accused in a case registered u/s 302, 324, 325, 147, 148/149 IPC-Sessions Court had declined bail by reasoned order-7 other criminal cases involving serious charges were pending trial against accused, some of them committed after obtaining bail in other cases-Likelihood of accused interfering with investigation and threatening witnesses even to extent of causing physical harm-Fit case to recall bail granted by High Court.
       Held : From the material on record, we notice that there are atleast 7 other cases pending against the first respondent involving offences under Section 3 & 4 of TADA, Sections 25 and 27 of the Arms Act and Sections 506(2), 325, 324, 307, 147, 326, 504 etc. of IPC, apart from offences under the Prohibition Act. It is also an admitted fact that the complaint in the present case is made against the first respondent and others when first respondent was on bail granted to him in other cases. It is also an admitted fact that in one of the cases bail granted to the first respondent has been cancelled by the learned Sessions Judge on the ground that he has violated the conditions of bail. We are informed at the bar subsequently he has come out on bail in that case also. Be that as it may, from the nature of allegation made in this case which involves the death of one of the victims and from the nature of weapon used in the said crime and in the background of the fact that admittedly atleast 7 other cases involving very serious charges against this respondent are pending trial, some of them committed after obtaining bail in other cases tentatively atleast indicates for the purpose of considering the merits of this appeal that the first respondent herein has violated the conditions of bail granted in the earlier cases and in the event of he being enlarged on bail there is every likelihood of he interfering with the investigation of this case, threatening the witnesses and may even go to the extent of causing physical harm to the complainant and others. Having perused the material on record and the judgment of the Sessions Court canceling the bail in another case, we are satisfied that this is a fit case in which the bail granted to the first respondent by the High Court should be cancelled and we intend doing so. (Para 8)
       (ii) Practice and Procedure-High Court granting bail to accused in murder case without recording reasons in order-Sessions Court had rejected bail by reasoned order-High Court should not unless for very good reasons desist from indicating grounds on which its order is based. (Para 9)

JUDGMENT

Santosh Hegde, J.-Heard learned counsel for the parties.

Leave granted.

2. The appellant herein who is the complainant in Criminal Case No. 402 of 2002 registered with Jamnagar Police Station, Gujarat, is challenging the impugned order of the High Court, whereby the High Court allowed a criminal misc. application filed by the first respondent herein and enlarged him on bail on conditions mentioned therein.

3. It is the case of the appellant herein that the first respondent and some other accused persons attacked the appellant and some others on 14th of August, 2002 at about 10.30 a.m. in village Bedi near Jamnagar, consequent to which attack one of the victims Anwar Ala Chamadiya died and others suffered injuries. In regard to this incident, the appellant filed the above mentioned criminal complaint which was registered by the Jamnagar Police Station for offences punishable under Sections 302, 324, 325, 147, 148 and 149 IPC as also under Section 25(1) of the Arms Act and Section 135(1) of the Bombay Police Act. On coming to know of the death of above said Anwar Ala Chamadiya, the Investigating Agency added Section 302 IPC also. On being arrested on the above charges, the first respondent herein made an application for grant of bail on 25th of September, 2002 before the learned Sessions Judge. The said bail application was opposed by the State wherein the Investigating Officer filed an affidavit that this respondent was involved in 7 other cases and he had committed this present crime while he was on bail in those cases. Further, he has also been threatening witnesses, consequent to which in one of the earlier cases bail granted to him was cancelled by the Sessions Court for violating the conditions of the bail. After hearing the parties including the appellant herein, the application filed by the first respondent for grant of bail in the present case came to be rejected.

4. Against the said order of rejection of his application for grant of bail, the first respondent preferred a criminal misc. petition before the High Court of Gujarat at Ahmedabad which petition came to be allowed by the impugned order dated 31st of January, 2003. The High Court while allowing the said application recorded "the parties do not press for reasoned order". On that basis without assigning any reason why a bail refused by the Sessions Court by a reasoned order should be reversed by the High Court, it proceeded to allow the application by imposing certain conditions. It is against the said order of the High Court, the appellant, who is a complainant in this case, has preferred this appeal seeking the cancellation of the bail.

5. Shri Ramesh P. Bhatt, learned senior counsel appearing for the appellant contended that all the conditions imposed by the High Court in the impugned order were also imposed by the courts which granted the first respondent the bail in the other criminal cases and the first respondent inspite of such conditions has violated the same with impunity. He pointed out that the learned Sessions Judge while rejecting the prayer for bail had noticed these cases, but the High Court did not take the same into consideration. He also pointed out from another judgment of the learned Sessions Judge, Jamnagar made on 20th of May, 2003 the court had noticed that this respondent has violated the conditions imposed on him while granting the bail in the said case, hence, has cancelled the bail. The learned counsel also pointed out that the present crime from which this appeal arises is a crime involving an offence punishable under Section 302 IPC and the said offence was committed while the said respondent was on bail in another case. Therefore, this fact clearly indicates that this respondent if permitted to be on bail the life of the witnesses including that of the complainant is likely to be in danger. He submitted that while the trial court noticed all these facts, the High Court obviously did not consider these facts and proceeded to gran

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2004 Supreme(SC) 135

IMPORTANT POINTWhere accused involved in seven criminal cases of serious charges committed murder while on bail in other criminal cases, bail granted by High Court was liable to be recalled.

Cases Referred (1)

IMPORTANT POINT
Where accused involved in seven criminal cases of serious charges committed murder while on bail in other criminal cases, bail granted by High Court was liable to be recalled.