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SUPREME COURT OF INDIA
VIKRAM NATH, SANDEEP MEHTA, JJ.
Central Bureau of Investigation – Appellant
Versus
Sekh Jamir Hossain And Ors. – Respondents
Criminal Appeal No(s). 2880 of 2025 (Arising out of SLP (Crl.) No(s). 10538 of 2023) With Criminal Appeal No(s). 2881 of 2025 (Arising out of SLP (Crl.) No (s).15160 of 2023)
Decided On : 29-05-2025
Criminal Procedure Code, 1973 – Section 439 – Indian Penal Code, 1860 – Sections 143, 144, 147, 148, 149, 427, 326, 376 read with 511 and 34 – Grant of bail – Appeal against – Considerations for grant of bail and cancellation thereof are entirely different – Bail once granted to accused should normally not be interfered with/cancelled unless there exist circumstances giving rise to an inference that bail has been procured by practising fraud or mis-representation; that allegations against accused are so grave that same have adverse impact on society at large and shake conscience of Court; that releasing accused respondents on bail is likely to create sense of fear and terror amongst society or that accused while on bail may abscond or tamper with prosecution evidence – Present one is a case wherein allegations against accused respondents are so grave that same shake conscience of Court – There is imminent propensity of accused persons adversely affecting proceedings of trial – Reprehensible manner in which incident was perpetrated shows vengeful attitude of accused persons and their avowed objective to subdue supporters of opposite party into submission by hook or by crook – Dastardly offence was nothing short of a grave attack on roots of democracy – There is no possibility of fair and impartial trial being conducted, if accused respondents are allowed to remain on bail – Bail granted to accused respondents by High Court cancelled. (Paras 13, 14, 17, 18, 21 and 2)
Facts of the case:
These two appeals take exception to orders dated 24th January, 2023 and 13th April, 2023 passed by Division Bench of High Court at Calcutta whereby respondents in both appeals were granted bail in connection with FIR bearing No. RC0562021S0051 dated 16th December, 2021 registered at CBI/SCB/Kolkata Police Station for the offences punishable under Sections 143, 144, 147, 148, 149, 427, 326, 376 read with 511 and 34 of Indian Penal Code, 1860.
Findings of Court:
Trial Court shall expedite proceedings and will try to conclude trial within a period of six months from the date of receipt of a copy of this order. In case, any stay orders have been passed on the proceedings before the trial Court by any higher forum including the High Court, the same shall be deemed to have been vacated. Home Secretary, State of West Bengal and Director General of Police, State of West Bengal shall ensure that proper protection is provided to the complainant and all other material witnesses so that they can freely appear and depose at trial without any fear or apprehension. Any violation of the direction may be reported to this Court by the appellant-CBI or the complainant for suitable action.
Result : Appeals allowed
JUDGMENT
Mehta, J.
1. Heard.
2. Leave granted.
3. These two appeals take exception to the orders dated 24th January, 2023 and 13th April, 2023 passed by the learned Division Bench of High Court at Calcutta [Hereinafter, referred to as “High Court”] whereby the respondents in both the appeals were granted bail in connection with FIR bearing No. RC0562021S0051 dated 16th December, 2021 registered at CBI/SCB/Kolkata Police Station for the offences punishable under Sections 143, 144, 147, 148, 149, 427, 326, 376 read with 511 and 34 of Indian Penal Code, 1860 [Hereinafter, referred to as “IPC”].
4. Succinctly stated, the facts as narrated in the FIR are that the incident in question took place on 2nd May, 2021 just after the announcement of results of the Assembly elections in the State of West Bengal. The complainant claims to be a follower of Hindu religion. It is alleged that the majority of the villagers residing in the village of the complainant, namely, Gumsima, PO Jatra belong to the other community and are the supporters and workers of the ruling dispensation. The complainant alleged that being in minority, he was unable to carry on his religious pursuits in the village. The complainant and few more villagers gathered courage and started campaigning for the Bharatiya Janta Party prior to the Assembly elections in the State of West Bengal, thereby drawing the wrath of the supporters of the ruling dispensation who threatened that he and his family members would be harmed. Before the elections, a bomb was thrown at his tea stall. On the evening of 2nd May, 2021 i.e., the date on which election results were announced, a gang of miscreants led by Sekh Mahim s/o Sekh Jalil, a leader belonging to the ruling dispensation from village Gumsima, PO Jatra gathered together and started throwing bombs towards the house of the complainant. It is alleged that around 40 to 50 miscreants, who were heavily armed, launched an offensive on his house. The assailants were carrying weapons like sticks, knives, iron rods, revolvers, etc. and started assaulting the complainant and his family members. The complainant’s house was totally vandalized and looted by the accused persons. The wife of the complainant was grabbed by hair, her clothes were snatched away, and she was forcibly undressed. The assailants indulged in molesting the complainant’s wife by inappropriately touching her private parts. In order to save herself, the complainant’s wife poured kerosene oil on her person and threatened that she would set fire to herself on which the miscreants left the spot. The complainant, his wife and their two children somehow escaped from the village to save their lives and approached the Sadaipur Police Station on the next day, to lodge a complaint in respect of the incident dated 2nd May, 2021. The officer-in-charge of the police station did not accept the complaint and advised the complainant to leave the village to save his and his family’s life.
5. This Court has been apprised that numerous incidents with like allegations took place in the aftermath of the election results in the State of West Bengal. It is a common grievance that the local police refused to lodge the FIRs on which a number of writ petitions [WPA(P) Nos. 142, 143, 144, 145, 146, 147, 148, 149, and 167 of 2021] came to be filed in the High Court at Calcutta. The High Court by order dated 19th August, 2021 directed the Central Bureau of Investigation [Hereinafter, referred to as “CBI”] to investigate all the cases where the allegations involved murder and/or crime against women regarding rape/attempt to rape. Acting in furtherance of the above direction, FIR bearing No. RC0562021S0051 dated 16th December, 2021 came to be registered at CBI/SCB/Kolkata Police Station for the offences punishable under Sections 143, 144, 147, 148, 149, 427, 326, 376 read with 511 and 34 of IPC in connection with the incident which took place at the house of the complainant.
6. The accused respondents in both th
Bail – Considerations for grant of bail and cancellation thereof are entirely different – An undeserving order granting bail to accused can be reversed.
The court emphasized that prolonged detention without conclusive evidence and the absence of flight risk warrant the granting of bail.
The court established that in bail applications, the nature of accusations and the progress of investigation are critical factors, and undue delay in investigation may favor granting bail.
The main legal point established is that the presumption of innocence, the need for a speedy trial, and the balance between personal liberty and the investigational right of the police are crucial fa....
(1) Victim’s right to appeal – Right of a victim under amended Cr.P.C. are substantive, enforceable, and are another facet of human rights – These rights are totally independent, incomparable, and ar....
Bail is rule, not exception, in non-bailable offences without death/life imprisonment bar post charge-sheet; parity with co-accused; influential status mitigated by conditions preventing tampering; p....
Points of Law : High Court has misapplied itself, both to the facts and in law while granting bail in a criminal case involving a serious offence where two murders have resulted in the incident.
(1) Grant of bail – While liberty is sacrosanct, it cannot be construed in a manner that dilutes seriousness of heinous or grave offences or undermines public confidence in administration of justice.....
(1) Bail – For grant or denial of bail, nature of crime has huge relevancy – Importance of assigning reasoning for grant or denial of bail can never be undermined.(2) Cancellation of bail – Bail once....
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