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VIKRAM NATH, SANDEEP MEHTA
Central Bureau of Investigation – Appellant
Versus
Sekh Jamir Hossain – Respondent
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 complai
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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