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2002 Supreme(SC) 783

Supreme Court Of India
RAMESH KUMAR SINGH
Versus
JHABBAR SINGH
Decided on : August 9, 2002

Headnote:

Criminal Procedure Code, 1973, Section 389 - Indian Penal Code, 1860, Section 302 -Suspension on of sentence- Respondent convicted and sentenced under Section 302 IPC- The High Court release him on bail- While on bail, he murdered two bothers of the complainant - This case ended in conviction of the respondent under Section bail Not proper- An accused who had misutilized the liberty that was granted to him earlier by committing the murder while on bail, was not entitled to the privilege of being released on bail- order granting bail set aside and the accused directed to be arrested and taken into custody forthwith. [Para 2]

( 1 ) LEAVE granted.

( 2 ) THIS case exhibits the callousness on the part of the High Court in the matter of granting bail. The respondent having been tried for committing an offence under Section 302 IPC was convicted and sentenced to imprisonment for life in the year 1984. It was found that he had killed the father of the complainant. Against his conviction and sentence he preferred an appeal and while the appeal was pending before the High Court, the High Court was persuaded to release him on bail. While on bail, he committed the present offence of murdering two brothers of the complainant on 3-9-1996. This case ended in conviction of the respondent by judgment dated 6-12-1999 and he has been convicted under Section 302 IPC and sentenced to imprisonment for life. Against his conviction he carried the matter in appeal to the High Court and while the appeal is pending, the High Court released him on bail by the impugned order dated 5-5-2000, on the ground that the co-accused have been released on bail. It is stated to us that the bail granted to the co-accused has been cancelled in the meantime by this Court. Even without that, an accused who had misutilized the liberty that was granted to him earlier by committing murder while on bail, was not entitled to the privilege of being released on bail. The impugned order granting bail is set aside and we direct the accused be arrested and taken into custody forthwith. The appeal stands disposed of accordingly.

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