State of Jharkhand vs Md. Sufiyan

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(SC) 51

SUPREME COURT OF INDIA
B.R. Gavai, Sandeep Mehta, JJ.
The State of Jharkhand - Appellant
Versus
Md. Sufiyan – Respondent
Criminal Appeal No. 269 of 2024 (Arising out of SLP(Crl.) No. 1960 of 2022)
Decided On : 16-01-2024

Advocates:
Advocate Appeared:
For the Petitioner: Mr. Jayant Mohan, AOR, Mr. Kumar Anurag Singh, Adv., Ms. Adya Shree Dutta, Adv.
For the Respondent: Mr. Sureshan P., AOR, Mr. Shivam Yadav, Adv., Mr. Deepak Joshi, Adv.

Headnote:
Anticipatory Bail - Criminal Law - The court found that the High Court's decision to grant anticipatory bail based solely on the accused's willingness to pay compensation was against the well-established principles of law. The court emphasized that the factors for granting anticipatory bail are well-defined and the mere willingness to pay compensation cannot be a sole ground for granting bail.
Fact of the Case:

The respondent was accused of outraging the modesty of the first informant and making an indecent video viral on social media. The High Court unilaterally accepted the respondent's statement of willingness to pay compensation and granted anticipatory bail based on this ground.
Finding of the Court:

The court found that the High Court's approach in granting anticipatory bail was not sustainable in law. However, considering that the trial had commenced and the first informant had accepted the compensation, the court decided not to interfere with the High Court's decision.
Issues: The main issue was the validity of the High Court's decision to grant anticipatory bail based solely on the accused's willingness to pay compensation.
Ratio Decidendi: The court emphasized that the factors for granting anticipatory bail are well-defined and the mere willingness to pay compensation cannot be a sole ground for granting bail.
Final Decision: The court disposed of the appeal and directed the concerned Registrar to communicate the order to the High Court for appropriate directions.

ORDER :

1. Leave granted.

2. We find that the approach adopted by the learned Single Judge of the High Court of Jharkhand at Ranchi in passing the impugned judgment and order dated 15th June, 2021 is totally against the well laid down principles of law. PS Case No. 96 of 2020 has been registered against the respondent- accused under Sections 341, 354B, 504, 506,509 of the Indian Penal Code, Section 8 of POCSO Act, and Section 66E, 67 of the I.T. Act.

3. The allegations against the respondent are that he had outraged the modesty of the first informant and made an indecent video viral on social media.

4. It appears that the respondent (petitioner before the High Court) has made a statement that he was willing to cooperate with the investigation of the case and also undertook to pay Rs. 1,00,000/- (Rupees One Lakh Only) as ad interim victim compensation to the informant without prejudice to his defence.

5. The High Court unilaterally accepted the statement and directed the respondent herein (original petitioner) to deposit such an amount as ad interim compensation to the victim as a ground for grant of anticipatory bail to the respondent.

6. The factors on which anticipatory bail could be granted are very well crystallized in a catena of judgments of this Court. Leave aside the discussion of such factors, not even a whisper as to on what grounds anticipatory bail was being allowed were considered by the High Court. Merely because the accused is willing to pay some amount as an interim compensation cannot be a ground for grant of anticipatory bail.

7. We, therefore, find that the view taken by the High Court is not sustainable in law.

8. However, in the facts and circumstances of the present case, we find that since the trial is commenced and the first informant is reported to have accepted the amount of Rs.1,00,000/-(Rupees One Lakh Only) deposited by the respondent, we are not inclined to interfere with the impugned judgment and order.

9. However, the concerned Registrar (Judicial) of this Court is directed to communicate this Order to the Registrar (Judicial) of the High Court of Jharkhand at Ranchi, who shall place the same before Hon’ble the Chief Justice of the said High Court for appropriate directions.

10. The appeal is, according, disposed of.

11. Pending application(s), if any, stand disposed of.

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