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2022 Supreme(SC) 326

N. V. RAMANA, SURYA KANT, HIMA KOHLI
Jagjeet Singh – Appellant
Versus
Ashish Mishra @ Monu – Respondent


Advocates appeared:
For the Petitioner(s):Dushyant Dave, Prashant Bhushan, Rahul Gupta, Mohd. Amaan, Shashank Singh, Alice Raj, Neha Sangwan, Advocates
For the Respondent(s):T. Mahipal, Ms. Ruchira Goel, Advocates

Judgement Key Points

Certainly. Based on the provided legal document, the key points are as follows:

  1. Victim’s Right to Participate: Victims have substantive and enforceable rights under the amended criminal procedure code, which are independent of the state's rights. They have a legally vested right to be heard at every stage of criminal proceedings, from investigation through to appeal or revision, and cannot be made to wait until trial begins to assert these rights (!) (!) (!) .

  2. Distinction Between Victim and Complainant: A victim is different from a complainant or informant. A victim can be someone who has suffered harm regardless of whether they are the complainant, and even strangers to the act of crime can be considered victims (!) .

  3. Right to Be Heard at Bail Proceedings: Victims must be given an opportunity to be heard during bail hearings. Denying victims this opportunity can lead to a miscarriage of justice, especially in cases involving heinous crimes. Their participation is essential for a fair process (!) (!) .

  4. Court’s Discretion in Granting Bail: While courts have wide discretion to grant bail, this discretion must be exercised judiciously and based on relevant considerations. Orders granting bail should not be based on irrelevant factors or merit assessments of the case, especially before trial. Orders must be reasoned, and relevant factors such as the nature of the offense, the likelihood of tampering with evidence, flight risk, and societal impact should guide decisions (!) (!) (!) (!) .

  5. Rejection of Irrelevant or Merits-Based Considerations: Orders that overlook relevant considerations or that touch upon the merits of the case at the bail stage are illegal and can be set aside. The evidence should not be evaluated in detail at this stage, and the order must be free from extraneous or irrelevant factors (!) .

  6. Cancellation of Bail and Remand: Orders granting bail can be set aside if they are found to be illegal or perverse, and the accused can be directed to surrender. However, the law recognizes that unending detention is unjust, and the right to seek bail remains, with courts often remanding cases for a fresh, fair hearing (!) (!) (!) .

  7. Balance of Rights: The rights of victims to participate and be heard must be balanced with the rights of the accused to liberty. Courts should ensure that neither side's rights are unjustly compromised, and proceedings should be conducted fairly and impartially (!) .

  8. Remission for Fair Trial: When bail is canceled, it is not an indefinite deprivation of liberty. The accused retains the right to seek bail again under relevant considerations, and courts should ensure that detention pending trial is not unreasonably prolonged (!) .

  9. Duty of the Court: Courts have a duty to deliver justice, considering all relevant circumstances, and to avoid decisions based on irrelevant considerations. They should also ensure victims are provided with adequate opportunity and legal aid if necessary (!) (!) .

  10. Court’s Responsibility in Reconsideration: When bail orders are challenged, courts must revisit their decisions, ensuring they are based on relevant facts and principles. They should also consider the rights of victims and the need for a fair and balanced approach (!) .

These points summarize the core legal principles and procedural considerations outlined in the document, emphasizing the importance of fair treatment of victims, proper exercise of judicial discretion, and adherence to principles of justice in bail proceedings.


JUDGMENT :

SURYA KANT, J.

1. Leave Granted.

2. The challenge is laid to an order dated 10.02.2022 [2022 0 Supreme(All) 362] passed by the High Court of Judicature at Allahabad, Lucknow bench, whereby Respondent No. 1 (hereinafter “Respondent-Accused”) has been enlarged on bail in a case under Sections 147, 148, 149, 302, 307, 326 read with Sections 34 and 120B of the Indian Penal Code, 1860 (hereinafter “IPC”) as well as Sections 3, 25 and 30 of the Arms Act, 1959.

FACTS

3. In brief, it is alleged that several farmers had gathered in the Khairaitya village in Lakhimpur Kheri District on 29.09.2021, to celebrate the birth anniversary of Sardar Bhagat Singh and to protest against the Indian Agricultural Acts of 2020. During this gathering, the farmers objected to certain comments made by Mr. Ajay Mishra @ Teni, Union Minister of State for Home. In the course of the meeting, the farmers decided to organise a protest against Mr. Ajay Mishra in his ancestral village on 03.10.2021. Various farmers’ organisations issued appeals to their members and supporters to participate in the demonstration and pamphlets were also distributed.

4. On 03.10.2021, an annual Dangal (wrestling) competition was


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