Case Note & Summary
The appellant, Rohit Bishnoi, brother of the deceased Vikash Panwar, filed an FIR alleging that his brother was murdered due to his extra-marital live-in relationship with Nirma @ Gudia. The accused, including Vikas Vishnoi, Budharam, and Rajendra Bishnoi, were charged under Section 302 read with Section 34 IPC and Sections 3, 25, 27 of the Arms Act, 1959. The High Court granted bail to the accused, which the appellant challenged before the Supreme Court. The Supreme Court set aside the bail orders, noting that the High Court did not consider the seriousness of the offence, the allegations of witness tampering, and the criminal antecedents of the accused. The Court directed the accused to surrender within two weeks.
Headnote
A) Criminal Law - Bail - Murder - Section 302 read with Section 34 IPC and Sections 3, 25, 27 Arms Act, 1959 - Grant of bail by High Court set aside - The informant-appellant challenged the bail granted to three accused in a murder case arising from an extra-marital relationship - The Supreme Court held that the High Court failed to consider the seriousness of the offence, the allegations of witness tampering, and the fact that the accused had criminal antecedents - Bail was cancelled and the accused were directed to surrender (Paras 1-10).
Issue of Consideration
Whether the High Court was justified in granting bail to the accused in a murder case involving allegations of witness tampering and serious offences under Section 302 IPC and the Arms Act, 1959.
Final Decision
The Supreme Court allowed the appeals, set aside the bail orders, and directed the accused to surrender within two weeks.
Law Points
- Bail in murder cases
- Witness tampering
- Seriousness of offence
- Section 302 IPC
- Arms Act
- 1959
- Section 34 IPC
- Live-in relationship as motive
Case Details
Criminal Appeal No. 2078 of 2023 (@ SLP (Crl.) No. 8935 of 2023) with Criminal Appeal Nos. 2079-2080 of 2023 (@ SLP (Crl.) Nos. 3445-3446 of 2023)
The State of Rajasthan & Anr.
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Nature of Litigation
Criminal appeal against grant of bail in a murder case
Remedy Sought
Setting aside of bail granted to accused by High Court
Filing Reason
Appellant challenged the bail granted to accused in FIR No. 134 of 2020 for murder of his brother
Previous Decisions
High Court granted bail to accused Vikas Vishnoi, Budharam, and Rajendra Bishnoi on 14 February 2022 and 2 February 2023
Issues
Whether the High Court erred in granting bail without considering the seriousness of the offence and allegations of witness tampering
Submissions/Arguments
Appellant argued that the accused had criminal antecedents and were likely to tamper with witnesses
Respondents argued that they were entitled to bail as they had been in custody for a considerable period
Ratio Decidendi
Bail cannot be granted in serious offences like murder without considering the gravity of the offence, the possibility of witness tampering, and the criminal antecedents of the accused.
Judgment Excerpts
These appeals have been preferred by the informant-appellant assailing the judgments dated 14 February, 2022 and 02 February, 2023 passed by the High Court of Judicature for Rajasthan at Jodhpur in S.B. Criminal Miscellaneous Bail Application Nos. 16016 of 2021, 4265 of 2022 and 4823 of 2022, whereby bail has been granted to the respondents-accused herein.
Procedural History
FIR No. 134 of 2020 was registered on 18 May 2020. The accused applied for bail before the High Court, which granted bail on 14 February 2022 and 2 February 2023. The appellant filed special leave petitions before the Supreme Court, which were converted into criminal appeals.
Acts & Sections
- Indian Penal Code, 1860: 302, 34
- Arms Act, 1959: 3, 25, 27
