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SUPREME COURT OF INDIA
L. NAGESWARA RAO, B.R. GAVAI, A.S. BOPANNA, JJ.
Mohammad Azam Khan – Appellant
Versus
The State Of Uttar Pradesh – Respondent
I.A. No.71580 of 2022 in/and M.A. No.766 of 2022 In Writ Petition (Criminal) No.39, 188 of 2022
Decided on : 19-05-2022
Criminal Procedure Code, 1973 – Section 439 – Indian Penal Code, 1860 – Sections 420 and 120B – Constitution of India – Article 142 – Application for interim bail – While deciding a bail application, Court should not embark upon a detailed enquiry with regard to merits of matter – Single Judge of Allahabad High Court rightly observed that bail is a right of any accused and jail is an exception and on humanitarian grounds and keeping in view applicant’s/petitioner’s deteriorating health, old age and period undergone in jail, considered it just to grant bail by imposing stringent conditions – Petitioner has now been granted bail in all 87 cases – Taking into consideration delay in implication of petitioner and nature of allegations made therein, it will not be in interest of justice to deprive petitioner of his personal liberty – This is a fit case wherein this Court should exercise its jurisdiction under Article 142 of Constitution of India and grant interim bail to petitioner in peculiar facts and circumstances of case, till he files application for regular bail and same is considered by Competent Court – Petitioner directed to be released on interim bail – Interim bail granted to petitioner by present order shall continue to operate till decision of Competent Court in application for regular bail and in the event that regular bail application is decided against interest of petitioner, present interim bail shall continue to operate for a further period of two weeks from date of order passed by Competent Court in application for regular bail. (Paras 20, 21, 22, 24 and 26)
Facts of the case:
Both the writ petition being Writ Petition (Criminal) No.188 of 2022, as well as Interlocutory Application No.71580 of 2022 in Miscellaneous Application No.766 of 2022 in Writ Petition (Criminal) No. 39 of 2022 have been filed by petitioner seeking interim bail in Case Crime No.70 of 2020, registered with Police Station Kotwali, Rampur, Uttar Pradesh, for the offences punishable under Sections 420 and 120B of Indian Penal Code, 1860. Direction is also sought directing the respondent to seek prior permission of this Court before arresting the petitioner in any other case. In Writ Petition (Criminal) No.188 of 2022, an additional prayer is also made for quashing and setting aside the proceedings qua petitioner in the said FIR No.70 of 2020.
Findings of Court:
Petitioner is directed to file an application for regular bail before the Competent Court within a period of two weeks from today. The same shall be decided by Competent Court on its own merits without being influenced by any of the observations made in the present order.
Result : Writ Petition (Partly) allowed.
ORDER :
1. Both the writ petition being Writ Petition (Criminal) No.188 of 2022, as well as the Interlocutory Application No.71580 of 2022 in Miscellaneous Application No.766 of 2022 in Writ Petition (Criminal) No. 39 of 2022 have been filed by the petitioner seeking interim bail in Case Crime No.70 of 2020, registered with Police Station Kotwali, Rampur, Uttar Pradesh, for the offences punishable under Sections 420 and 120B of the Indian Penal Code, 1860 (“IPC” for short) [hereinafter referred to as “the said FIR No.70 of 2020”). direction is also sought directing the respondent to seek prior permission of this Court before arresting the petitioner in any other case. In Writ Petition (Criminal) No.188 of 2022, an additional prayer is also made for quashing and setting aside the proceedings qua the petitioner in the said FIR No.70 of 2020.
2. The facts giving rise to the present matter are as under:
3. The petitioner had filed Writ Petition (Criminal) No.39 of 2022 in this Court on 22nd January, 2022. It was contended in the said writ petition that in all 87 criminal cases/FIRs have been filed against the petitioner. It was further contended that it was only after the present Government came into power in 2017, that 84 out of these 87 criminal cases/FIRs have been filed against the petitioner. It was submitted that as on the date of filing of the said writ petition, he had secured bail in 84 cases, including cases wherein orders have been passed by this Court. It was the contention of the petitioner that the said criminal cases/FIRs were filed by the Ruling Party with mala fide intention. It was further submitted that though in three criminal cases, the bail applications were pending and heard, but were either adjourned or not decided thereby depriving the petitioner of his personal liberty. The said writ petition came up before this Court on 8th February, 2022, when the same was disposed of by the following order:
“This writ petition has been filed for grant of interim bail to the petitioner in the following cases:
(i) Case Crime No.02/2018, dated 25.04.2018 registered under sections 409, 420, 120B, 201 IPC and Section 13(1) of the Prevention of Corruption Act, 1988 at Police Station SIT, Sadar, Lucknow, UP.;
(ii) Case Crime No.79/2019 dated 01.02.2019 under Sections 500, 505 I.P.C. registered at Police Station Hazratganj, Lucknow, UP; and 3
(iii) Case Crime No. 312/2019 dated 19.08.2019 under sections 420, 467, 468, 471, 447, 201 120B I.P.C. and Section of The Prevention of Damage to the Public Property Act, 1984 registered at Police Station Azeem Nagar, Rampur, UP.
Mr. Kapil Sibal, learned Senior Counsel appearing for the petitioner submitted that FIRs are registered just before elections and most of them relate to events that occurred long back. The applications filed for bail are being adjourned and the petitioner is suffering in jail due to FIRs registered on false and frivolous grounds.
The petitioner is at liberty to approach the concerned court and request for expeditious disposal of the bail applications.
Needless to mention that the court shall dispose of the bail applications expeditiously.
The writ petition is dismissed. Pending application(s) if any, shall stand disposed of.”
4. It appears that thereafter the petitioner was granted bail in two cases. However, in one case, i.e., pertaining to Case Crime No.312 of 2019, dated 19th August, 2019, for the offences punishable under Sections 420, 467, 468, 471, 447, 201 120B IPC and under Section of the Prevention of Damage to the Public Property Act, 1984, registered at Police Station Azeem Nagar, Rampur, Uttar Pradesh (hereinafter referred to as “the said FIR No.312 of 2019”), though the matter was heard by the learned Single Judge of the High Court on 4th December, 2021 and closed for orders, no orders were passed. Thereafter, an application came to be filed on behalf of the State for bringing out certain developments. On account of this, the said matter got prolonged endless
Bail – While deciding a bail application, Court should not embark upon a detailed enquiry with regard to merits of matter – Bail is a right of any accused and jail is an exception.
The court reaffirmed that the presumption of innocence and the right to bail are fundamental, particularly when evidence is insufficient to justify continued detention.
The court established that anticipatory bail requires careful consideration of the seriousness of allegations and the potential for witness tampering.
The main legal point established in the judgment is the intricate balance between securing the personal liberty of an individual and ensuring that this liberty does not lead to an eventual disturbanc....
Successive bail applications after prior rejections require material change in circumstances; absence thereof, along with belated pleas like illegal arrest, mandates dismissal to preserve judicial di....
(1) Bail – Object of bail is neither punitive nor preventative – Deprivation of liberty must be considered a punishment, unless it is required to ensure that accused person will stand his trial when ....
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