Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(SC) 796

SUPREME COURT OF INDIA
Vikram Nath, Ahsanuddin Amanullah, JJ.
XXX – Appellant
Versus
Union Territory of Andaman And Nicobar Islands & Anr. – Respondent
Special Leave Petition (Crl.) No. 3482 of 2023 with Special Leave Petition (Crl.) No. 5192 of 2023 with Special Leave Petition (Crl.)No. 5131 of 2023 and with Special Leave Petition (Crl.) 5099 of 2023
Decided on : 24-08-2023

Advocates appeared:
For the Appellant(s) :Mr. Rajat Nair, Advocate, Mr. Shreekant Neelappa Terdal, Advocate, Mr. R. C. Kaushik, Advocate
For the Respondent(s):Mr. Rauf Rahim, Advocate, Mr. Mohammed Tabraiz, Advocate, Mr. Rakesh Pal Gobind, Advocate, Mr. Ali Asghar Rahim, Advocate, Mr. Rajat Nair, Advocate, Mr. Shreekant Neelappa Terdal, Advocate, Mr. Deep Kabir, Advocate, Mr. Kunal Chatterji, Advocate, Mr. Ajit Prasad, Advocate, Ms. Maitrayee Banerjee, Advocate, Mr. Rohit Bansal, Advocate, Ms. Kshitij Singh, Advocate

IMPORTANT POINT
Bail – Court cannot grant bail by considering irrelevant factors.

Headnote:
Criminal Procedure Code, 1973 – Sections 437(5) and 439(2) – Grant of bail – Challenge as to – High Court examined issues which ought not to have been primary factors when considering prayer for bail – This could have entailed remand to High Court for a discussion, even if short, on merits of granting bail in present facts and circumstances – However, interest of justice must be preserved – Trial Court shall proceed expeditiously with the case and without any undue adjournment(s) – Petitioner fears for her and her family’s safety – Onus of ensuring their safety is on Union Territory Administration – Special Leave Petitions dismissed. (Paras 12, 13 and 14)
Facts of the case:
Special leave to appeal Criminal No. 3482 of 2023 has been filed by the victim (redacted as XXX) assailing the correctness of the order dated 20th February, 2023 passed by Calcutta High Court Circuit Bench at Port Blair granting bail to respondent no. 2 (Jitendra Narain), Ex-Chief Secretary of Andaman and Nicobar Islands for offences u/s 376(D)/ 228A/506/ 120B of the Indian Penal Code, 1860. Special Leave Petition (Crl.) No. 5099 of 2023 has been preferred by the State/Union Territory of Andaman and Nicobar Islands for the same relief as claimed in Special Leave to Appeal (Crl.) No. 3482 of 2023. Further Special Leave Petition (Crl.) No. 5131 of 2023 has been filed by State/Union Territory of Andaman and Nicobar Islands assailing the correctness of the order dated 22nd February, 2023 passed by Calcutta High Court granting bail to the sole respondent (Sandeep Singh alias Rinku), co-accused arising out of the same FIR. Lastly, Special Leave Petition (Crl.)No. 5192 of 2023 has been filed by State-Union Territory of Andaman and Nicobar Islands assailing the order dated 22nd February, 2023 granting bail to sole respondent (Rishishwar Lal Rishi) another co-accused from the same FIR. Orders dated 22nd February, 2023 are primarily based on the ground of parity as bail has been granted to the alleged main accused Jitendra Narain on 20th February 2023.
Findings of Court:
Insofar as Petitioner claims that Director-General of Police has not acted on her subsequent complaints seeking registration of First Information Reports against certain other persons, Director-General is directed to examine the same and take an independent decision on what action, if any, is called for, in accordance with law, within ten days from today. In these peculiar facts, we grant liberty to the parties to apply in case of difficulty.
Result : Special Leave Petitions dismissed.

JUDGMENT

Vikram Nath, J.

Special leave to appeal Criminal No. 3482 of 2023 has been filed by the victim (redacted as XXX) assailing the correctness of the order dated 20th February, 2023 passed by the Calcutta High Court Circuit Bench at Port Blair granting bail to respondent no. 2 (Jitendra Narain), Ex-Chief Secretary of Andaman and Nicobar Islands for offences u/s 376(D)/ 228A/ 506/ 120B of the Indian Penal Code, 1860¹[IPC]. Special Leave Petition (Crl.) No. 5099 of 2023 has been preferred by the State/Union Territory of Andaman and Nicobar Islands for the same relief as claimed in Special Leave to Appeal (Crl.) No. 3482 of 2023. Further Special Leave Petition (Crl.) No. 5131 of 2023 has been filed by the State/Union Territory of Andaman and Nicobar Islands assailing the correctness of the order dated 22nd February, 2023 passed by the Calcutta High Court granting bail to the sole respondent (Sandeep Singh alias Rinku), co-accused arising out of the same FIR. Lastly, Special Leave Petition (Crl.)No. 5192 of 2023 has been filed by State-Union Territory of Andaman and Nicobar Islands assailing the order dated 22nd February, 2023 granting bail to sole respondent (Rishishwar Lal Rishi) another co-accused from the same FIR. The orders dated 22nd February, 2023 are primarily based on the ground of parity as bail has been granted to the alleged main accused Jitendra Narain on 20th February 2023.

2. We have heard learned counsels for the victim-petitioner, the State-Union Territory of Andaman and Nicobar Islands and the three accused/respondents.

3. As the main order has been passed in the case of Jitendra Narain on 20th February, 2023, at the outset, the same is being referred to. The Division Bench of the High Court considered the brief facts and thereafter noted that any reference made on the submissions relating to the evidence collected during investigation and the various pleas raised on behalf of the accused, could materially affect the trial, and accordingly, did not deal with the same. The High Court specifically noted this aspect in the following words:

"We do not want to discuss all these materials in detail because that may influence the trial and merit of the case and it has also potency to prejudice the accused and in some manner to the prosecution also."

4. The High Court further noted that as the accused Jitendra Narain, an IAS officer has already been transferred to Delhi, if some stringent conditions are put, the petitioner (Respondent No.2 herein) would not be in a position to influence any of the witnesses in the Islands. The Division Bench also noticed that Jitendra Narain being in service, there would be no chance of him absconding. The Court further noticed that there was no material to impress that in case he was released, he would influence the witnesses or there would be any danger of justice being thwarted. On such considerations, the Division Bench proceeded to grant bail, subject to the following five conditions being imposed in addition to the terms and conditions that would be imposed by the Chief Judicial Magistrate:

"1) The petitioner shall not visit the Andaman & Nicobar Islands except for the purpose of attending the trial on proper receipt of notice from the Trial Court.

2) He shall not keep any contact with any person or official of these Islands by Phone or by any other mode of communication during the currency of this order.

3) He shall not threaten, induce or coerce any witness of the case in any manner. Whatsoever, during the currency of this order by any means of communication.

4) He shall not leave the Union of India except on the permission by the competent authority of the Union of India on urgent official work.

5) The petitioner through his counsel shall submit his Passport before the Trial Court during the currency of the trial and in case of his official visit to outside, the Passport can be handed over to him by the Trial Court on proper application, being filed to that effect."

5. In the case

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