2005 Supreme(SC) 104
N.S.HEGDE, S.B.SINHA, P.K.BALASUBRAMANYAN
Kalyan Chandra Sarkar – Appellant
Versus
Rajesh Ranjan @ Pappu Yadav – Respondent
Judgement Key Points
- Accused has right to file successive bail applications, but courts must consider reasons for prior rejections and record fresh grounds justifying a different view. [judgement_subject][1000265140006][1000265140016]
- Personal liberty under constitutional guarantee can be deprived only by procedure established by law; non-bailable offence accused may be detained pending trial unless bail granted where no prima facie case or facts warrant release. [1000265140016]
- Subsequent bail applications permitted only upon change in fact situation, change in law requiring interference with prior view, or where earlier findings obsolete; no bar under res judicata but doctrine of judicial discipline requires weight to higher court findings to avoid forum shopping and uncertainty. [1000265140017][1000265140018]
- Courts bound by hierarchical judicial discipline; superior court decisions binding on subordinates unless material change in facts; re-agitation of prior issues on same grounds not ordinarily allowed. [1000265140017][1000265140018]
- In bail matters, existence of prima facie case, gravity of offence, and risk of witness tampering must be considered; long incarceration alone insufficient without addressing these. [1000265140006][1000265140013]
- Retracted confession of co-accused has inculpatory value at bail stage for assessing prima facie case, even if not substantive evidence at trial; formalities under recording provision and retraction go to weight, not exclusion at prima facie stage. [1000265140023][1000265140024][1000265140025]
- Ninth bail application filed 11 days after Supreme Court cancellation of prior bail grant, without new facts or grounds; High Court erred in re-examining same issues (prima facie case and retracted confession evidentiary value) and substituting new findings without fresh basis, ignoring prior orders. [1000265140007][1000265140026][1000265140032][1000265140033][1000265140034]
- Prior High Court and Supreme Court orders found prima facie case based on retracted confession, motive, proximity to co-accused, unchallenged charges; no change warranted reconsideration. [1000265140022][1000265140025][1000265140027][1000265140028][1000265140030]
- Accused's conduct while on prior bail (witness hostility, threats, interference) and remaining witnesses indicate risk of tampering if released; bail denial serves justice. [1000265140014][1000265140042][1000265140044]
- Judgments decided on own facts; similarity in facts does not import conclusions; generality of expressions limited to case facts, not broad law exposition. [1000265140040][1000265140041]
- Impugned High Court bail order quashed; bail application dismissed, accused to remain in custody. [1000265140045]
Judgment
Santosh Hegde, J.—Heard learned counsel for the parties.
Leave granted in SLP (Crl.) No. 4954 of 2004.
2. These are two criminal appeals challenging an order dated 21.9.2004 made by the High Court of Judicature at Patna in Criminal Miscellaneous No. 9220 of 2004 which was an application filed by respondent No. 1 (hereinafter referred to as the respondent) seeking the grant of bail in Sessions Trial No. 976 of 1999 pending before the CBI court. In the said case the said respondent is charged for offences punishable under Sections 302 read with 34, 307 read with 34, 120-B, 302/307 IPC and Section 27 of the Arms Act. This application before the High Court for grant of bail was the 9th application in the series of applications filed by the said respondent for grant of bail. His earlier applications were either rejected by the High Court or when granted by the High Court were set aside by this Court. As a matter of fact, this court in two earlier appeals had set aside the orders of the High Court dated 6.9.2000 and 23.5.2003 granting bail to the said respondent. The said orders of this Court are since reported in the case of Union of India & Anr. vs. Rajesh Ranjan Alias Pappu Y
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