Case Note & Summary
The Supreme Court heard two appeals by the Central Bureau of Investigation (CBI) challenging the orders of the Calcutta High Court granting bail to the accused respondents in connection with an FIR registered for offences under the Indian Penal Code, 1860, including Sections 143, 144, 147, 148, 149, 427, 326, 376 read with 511, and 34. The incident occurred on 2 May 2021, just after the announcement of Assembly election results in West Bengal. The complainant, a Hindu follower, alleged that he and his family were attacked by a mob of 40-50 miscreants, supporters of the ruling dispensation, because he had campaigned for the Bharatiya Janta Party. The assailants threw bombs, vandalized the house, looted articles, and molested the complainant's wife by pulling her hair, disrobing her, and inappropriately touching her private parts. The complainant's wife threatened to set herself on fire, causing the assailants to flee. The complainant approached the local police the next day, but the officer-in-charge refused to register the FIR and advised him to leave the village. Subsequently, the High Court, in a batch of writ petitions, directed the CBI to investigate cases involving murder or crimes against women. The CBI registered the FIR on 16 December 2021, and the accused were arrested on 3 November 2022. A charge-sheet was filed under Sections 34, 148, 149, 326, 354, 511 read with 376D, and 450 of IPC. The respondents applied for bail, which was granted by the High Court on 24 January 2023 and 13 April 2023. The CBI appealed to the Supreme Court, arguing that the High Court granted bail on extraneous considerations, that the accused are politically influential and have tampered with the trial, and that the allegations are grave. The respondents contended that no specific role was assigned to them in the FIR or witness statements. The Supreme Court held that the considerations for grant and cancellation of bail are different, and that bail should not be cancelled unless there are circumstances like fraud, misrepresentation, grave allegations shaking the conscience of the court, or likelihood of the accused absconding or tampering with evidence. The Court found that the allegations were grave and shook its conscience, that the accused had influence over the locality and police, and that there was a propensity to adversely affect the trial. The Court noted that the attack was a political vendetta and an attack on democracy. Accordingly, the Supreme Court allowed the appeals, set aside the High Court's bail orders, and directed the respondents to surrender forthwith.
Headnote
A) Criminal Law - Bail - Cancellation of Bail - Considerations for grant and cancellation of bail are entirely different; bail once granted should not be cancelled unless there is fraud, misrepresentation, grave allegations shaking conscience of court, or likelihood of accused absconding or tampering with evidence (Paras 13-14). B) Criminal Law - Bail - Gravity of Offence - Allegations of rioting, attempt to rape, and vandalism post-election results are so grave that they shake the conscience of the court and warrant cancellation of bail (Paras 14, 17). C) Criminal Law - Bail - Threat to Fair Trial - Accused persons being politically influential and having prevented registration of FIR, coupled with non-cooperation from local police, indicate propensity to adversely affect trial proceedings (Paras 14-16). D) Criminal Law - Bail - Political Vendetta - The attack was motivated by political vendetta against supporters of a rival party, constituting an attack on democracy (Para 17).
Issue of Consideration
Whether the High Court was justified in granting bail to the accused respondents in a case involving grave offences of rioting, attempt to rape, and vandalism, given the allegations of political influence and threat to fair trial.
Final Decision
The Supreme Court allowed the appeals, set aside the impugned orders of the High Court dated 24th January, 2023 and 13th April, 2023 granting bail to the respondents, and directed the respondents to surrender forthwith.
Law Points
- Bail cancellation considerations
- gravity of offence
- tampering with evidence
- influence over witnesses
- fair trial
- political vendetta
- attack on democracy
