SUPREME COURT OF INDIA
B.V. NAGARATHNA AND NONGMEIKAPAM KOTISWAR SINGH, JJ.
Hemchand @ Happi - Appellant
Versus
State Of Rajasthan - Respondent
Criminal Appeal No.46 of 2025 (@ Special Leave Petition (Crl.) No. 14995 of 2024)
Decided on : 03-01-2025
| Table of Content |
|---|
| 1. details of the appeal and charges. (Para 2 , 3 , 4) |
| 2. court's reasoning for bail. (Para 6 , 10) |
| 3. arguments presented by both parties. (Para 7 , 8 , 9) |
| 4. conditions and rationale for granting bail. (Para 11 , 12 , 13) |
| 5. conclusion and order of the court. (Para 14) |
ORDER :
1. Leave granted.
2. This appeal challenges the judgment and order dated 31.07.2024 passed by the High Court of Rajasthan at Jaipur in S.B. Crl. Misc Bail Application. No.8207 of 2024.
3. The appellant herein has been booked for the crime registered pursuant to FIR No. 16 of 2023 dated 16.01.2023 lodged with Police Station Mandawar (Dausa) Dausa District, with respect to offences punishable under Sections 147 , 148, 149, 323, 302, 307, 336, 341, 451, 506 and 120-B of the INDIAN PENAL CODE , 1860 and Sections 3 , 25 and 27 of the ARMS ACT , 1959.
4. An application seeking regular bail having been rejected by the High Court vide impugned order dated 31.07.2024, the appellant has preferred the instant appeal.
5. This Court vide its order dated 07.11.2024, issued notice in the instant matter.
6. We have heard learned counsel for the appellant in support of the appeal and learned counsel for the State and perused the material on record.
7. Learned counsel for the appellant submitted that no fire arm injury has been attributed to the appellant herein even by the injured witness Khem Raj, who has not stated in his statement that the appellant herein had fired his gun at him, although, it may have been so recorded in the FIR. She further submitted that there are as many as 96 witnesses to be examined and the appellant has been in jail for the last about seventeen months, the trial would be inordinately delayed. In the circumstances, the impugned order(s) may be set aside and relief of bail may be granted to the appellant herein.
8. Per contra, learned counsel for the respondent/State with reference to his Counter Affidavit submitted that there are as many as eleven injured witnesses and the matter is slated for 09.01.2025 before the Trial Court and at this stage any liberty granted to the appellant herein would prejudice the trial as there is a likelihood of influencing the witnesses and particularly the injured witness. In the circumstances, the appeal may be dismissed.
9. By way of reply, learned counsel for the appellant also drew our attention to the order dated 03.09.2024 passed by this Court in the case of Sunil Vs. State of Rajasthan & Anr. (SLP (Crl.) No.5172/2024) and order dated 20.09.2024 passed in the case of Akbar Khan Vs. The State of Rajasthan & Anr. (SLP (Crl.) No.7505/2024). She submitted that similar relief may be granted to the appellant herein.
10. Considering the facts on record, in our view, the case for bail is made out.
11. We, therefore, allow this appeal and direct as under:
12. It is directed that the appellant shall extend complete cooperation in the trial of the instant case. The appellant shall not misuse his liberty in any manner.
13. Any infraction of the conditions shall entail cancellation of bail granted to the appellant.
14. With these observations, the appeal is allowed.
The basic rule of the criminal justice system is bail and not jail, and the denial of bail amounts to deprivation of personal liberty.
The decision to grant bail was influenced by the absence of injuries, the petitioner's prolonged custody, and the unlikelihood of the trial concluding soon.
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