The Supreme Court addressed the appeals arising from the Allahabad High Court's decision, which had granted bail to three individuals—Arvind Kumar, Chandra Kumar @ Chandu, and Rishi Kumar—convicted in a murder case. The Supreme Court upheld the bail of Arvind Kumar but canceled the bail for Chandra Kumar and Rishi Kumar due to their involvement in a subsequent murder of a police constable. The Court ruled that their conduct and continued involvement in violent crimes outweighed their period of incarceration.

1. Case Background:

• Incident Date: 11.02.2011
• Complainant: Jadunath Singh
• Victims: Rajvir and Pawan Kumar, both shot dead by the accused.
• Accused: Arvind Kumar, his sons Chandra Kumar @ Chandu, Rishi Kumar, and others.
• Motive: A land dispute where the complainant’s son, Rajvir, removed Arvind Kumar from illegal possession of a plot.

2. Initial Conviction:

• Date of Sessions Court Conviction: 06.06.2019
• Charges: Convicted under Sections 147, 148, 302/149, and 120B of the Indian Penal Code (IPC).
• Sentence: Life imprisonment with a fine of ₹20,000.
• Two co-accused, Monu and Amit Kumar, were acquitted.

3. High Court Bail Grant:

• Bail Order Date: 08.02.2023
• Grounds for Bail: Long incarceration period of over 10 years and the granting of bail to co-accused Adesh Kumar and Pramod Kashyap.

4. Supreme Court Appeal:

• Appellant: Complainant Jadunath Singh
• Ground for Appeal: Subsequent conduct of Chandra Kumar and Rishi Kumar, who were involved in the murder of a police constable during judicial custody in 2013. The High Court had not considered this in its bail decision.

5. Subsequent Criminal Activity:

• On 31.01.2013, Rishi Kumar and Chandra Kumar, while in judicial custody, shot dead a police constable and absconded, leading to a separate case under Sections 302, 201, 120B, and 34 IPC.

6. Supreme Court Ruling:

• Bail Canceled: Rishi Kumar and Chandra Kumar's bail canceled due to their subsequent criminal conduct.
• Bail Upheld: Arvind Kumar, not involved in the later crime, retained his bail.
• Order for Surrender: Chandra Kumar and Rishi Kumar were ordered to surrender within two weeks.

Acts and Sections Discussed:

• Indian Penal Code, 1860 (IPC):
  • Section 147: Punishment for rioting.
  • Section 148: Rioting, armed with a deadly weapon.
  • Section 149: Every member of an unlawful assembly guilty of an offense committed in prosecution of a common object.
  • Section 302/149: Murder committed by an unlawful assembly.
  • Section 120B: Criminal conspiracy.
  Additional charges for the subsequent crime involved Sections 302 (murder), 201 (causing disappearance of evidence), 120B (criminal conspiracy), and 34 (acts done by several persons in furtherance of common intention).

Ratio Decidendi:

The Supreme Court held that despite the prolonged incarceration of over 10 years, Chandra Kumar and Rishi Kumar's involvement in the murder of a police constable while in custody demonstrated a continuous threat to society. Their subsequent criminal behavior, not considered by the High Court, made them ineligible for bail. Arvind Kumar, however, did not have such allegations, which justified the decision to uphold his bail.

Subjects:

Bail cancellation, criminal conduct, murder, judicial custody, criminal law, Indian Penal Code, Supreme Court, subsequent criminal behavior, judicial custody, life imprisonment.