2012 Supreme(SC) 228
JAGDISH SINGH KHEHAR, B.S.CHAUHAN
JAI PRAKASH SINGH – Appellant
Versus
STATE OF BIHAR – Respondent
Judgement Key Points
Based on the provided legal document, here are the key points:
- Case Details: These are Criminal Appeals (Nos. 525-526 of 2012) arising from SLP(Crl.) Nos. 304-305 of 2012, decided by the Supreme Court of India on 14-03-2012, involving Dr. B.S. Chauhan and J. Jagdish Singh Khehar (!) .
- Parties: The appellants are Jai Prakash Singh, and the respondents are the State of Bihar and others (Rajesh Kumar Singh @ Pappu Singh and Sanjay Kumar Singh @ Mintu Singh) (!) .
- Lower Court Order: The High Court of Judicature at Patna had enlarged the respondents on anticipatory bail under Section 438 Cr.P.C. (!) .
- Facts of the Offence: On 5.6.2011, the appellant lodged an FIR alleging that the respondents chased the informant and his brother, opened indiscriminate firing, and caused the death of the brother from five bullet injuries (!) (!) .
- Prior Proceedings: The Sessions Judge rejected the anticipatory bail application due to a strong motive found in the investigation and affidavits of eye-witnesses (!) . The High Court allowed bail citing an old dispute between parties and the accused's fair antecedents (!) .
- Appellant's Submission: The appellant argued that the High Court erred by ignoring the gravity of the offence (murder), the spontaneous nature of the FIR lodged within two hours, and the fact that both accused were promptly named (!) .
- Respondent's Submission: The respondents and the State argued that the High Court imposed serious conditions and that the appeals had no merit (!) .
- Statutory Provision: The judgment analyzes Section 438 Cr.P.C., which mandates considering factors such as the nature/gravity of accusation, antecedents, possibility of fleeing, and potential for injury/humiliation (!) (!) .
- Evidence Analysis: The Post-Mortem report detailed five fire-arm injuries, including entry and exit wounds, lacerated tissues, and internal damage, confirming death by hemorrhage (!) (!) (!) (!) .
- Significance of FIR: The Court emphasized that the prompt lodging of the FIR (within two hours) assures veracity and spontaneity, making it a vital piece of evidence (!) (!) .
- Nature of Anticipatory Bail: Anticipatory bail is an extraordinary privilege, not a matter of right, and can only be granted in exceptional cases where the applicant is prima fac
JUDGMENT
Dr. B.S. Chauhan, J.-Leave granted.
2. These criminal appeals have been preferred against the judgments and orders dated 19.9.2011 and 25.10.2011 passed by the High Court of Judicature at Patna in Crl. Misc. Nos.. 28318 and 33546 of 2011, by which the High Court has enlarged the respondents Rajesh Kumar Singh @ Pappu Singh and Sanjay Kumar Singh @ Mintu Singh on anticipatory bail under Section 438 of Code of Criminal Procedure, 1973 (hereinafter referred as `Cr.P.C.')
3. Facts and circumstances giving rise to these appeals are that :
A. On 5.6.2011, the appellant Jai Prakash Singh lodged an FIR of Laheria Sarai Case No. 304 of 2011 under Sections 302/34 of Indian Penal Code, 1860 (hereinafter referred as `I.P.C.'), alleging therein that the informant/complainant and his elder brother Shiv Prakash Singh were having a medicine shop for the last 2-3 years. On 5.6.2011 around
10.00 p.m., his brother closed the shop and proceeded towards his house on his motorcycle. He was chased by the aforesaid respondents on a motorcycle and stopped. They opened indiscriminate firing and thus, he died on the spot. In the FIR, it was also alleged that the said respondents had threatened the
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