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D. Y. CHANDRACHUD, B. V. NAGARATHNA
Prashant Singh Rajput – Appellant
Versus
State of Madhya Pradesh – Respondent
Key Points: - The Court allowed the appeals and cancelled anticipatory bail granted by the High Court for Joginder Singh and Surbhayan Singh. (!) - The Court held that at the anticipatory bail stage, the material cannot be examined with the precision of a trial; instead, the correctness of the principles applied by the High Court must be evaluated, especially given the seriousness of the offence (murder) and specific role allegations. (!) (!) - The decision discusses the distinction between evaluating bail grants and canceling bail, establishing that supervening circumstances or bail condition violations are relevant to cancellation, not to the original grant. (!) - The High Court was found to have relied on the 173(3) Cr.P.C. report while ignoring deficiencies highlighted in JMFC and trial court orders, and failed to address the roles of Joginder Singh and Suryabhan Singh as indicated in FIR/states. (!) - The FIR and statements under Sections 161 and 164 of Cr.P.C. indicate specific roles for Joginder Singh and Suryabhan Singh in the crime, which supported cancellation of anticipatory bail. (!) (!) (!) - The judgment cites Mahipal and Sushila Aggarwal lineage to articulate the proper approach to bail cancellations vs grants. (!) (!) - The final order sets aside the High Court’s anticipatory bail orders and disposes of pending applications. (!)
JUDGMENT :
DHANANJAYA Y. CHANDRACHUD, J.
| Index | |
| (A) | The Appeal |
| (B) | Facts |
| (C) | Submissions |
| (D) | Analysis |
| (E) | Conclusion |
(A) The Appeal
1. These appeals arise from judgments dated 1 July 20211 [SLP (Criminal) No. 5786 of 2021 (the “lead appeal”)] and 31 May 20212 [SLP (Criminal) No. 5788 of 2021 (the “companion appeal”)] of a Single Judge of the Jabalpur Bench of the High Court for the State of Madhya Pradesh through which it allowed the applications for anticipatory bail filed by the second respondents in both the appeals under Section 438 of the Code of Criminal Procedure 19733 [“Cr.P.C.”] in connection with a crime4 [Crime No. 329 of 2020] registered at the Police Station Majholi, District Jabalpur, State of Madhya Pradesh for the offences punishable under Sections 302 and 323 read with Section 34 of the Indian Penal Code 18605 [“IPC”].
2. The crime was registered on the basis of a dehati nalsi/FIR lodged by the appellant on 29 September 2020. The allegation in the FIR is that the appellant was at Negai Tiraha with the deceased, Vikas Singh (who was
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