2002 (5) TMI 890 - SC - Indian Laws

Summary

Issues involved: Review of judgment and order, bail application, interpretation of Section 437 of the Criminal Procedure Code, grounds for granting bail.

Review of judgment and order: The petitioner sought a review of a judgment and order dated 31st August, 2001, which had cancelled the bail of Respondent No. 2 based on Section 437 of the Criminal Procedure Code. It was later clarified that the facts mentioned in the order pertained to a co-accused, Vinod Kumar, and not the applicant. The order dated 31st August, 2001 was set aside, and the Special Leave Petition was restored to the Court's file.

Bail application: The High Court had granted bail to Respondent No. 2 in a case involving the murder of Smt. Hem Lata Pandey. The grounds for granting bail included the investigation being entrusted to C.B./C.I.D., the length of time for investigation, and the alleged ailment of the applicant. However, the Supreme Court found these grounds insufficient for granting bail in such a serious case. Witness statements, including those of eye witnesses, directly connected Respondent No. 2 to the murder. The Court also noted that the applicant's ailment did not warrant bail, as proper medical treatment could be sought within the jail.

Interpretation of Section 437 of the Criminal Procedure Code: The original order cancelling bail was based on Section 437, which restricts bail for those previously convicted of offenses punishable with life imprisonment unless certain conditions are met. However, it was clarified that this section did not apply to the applicant as he had not been tried or convicted in any other matter.

Grounds for granting bail: The High Court's decision to grant bail was based on factors such as the ongoing investigation by C.B./C.I.D., the time required for investigation, and the applicant's alleged ailment. However, the Supreme Court found these grounds insufficient in a case of such seriousness, especially considering witness statements linking the applicant to the crime. The Court emphasized that the applicant's ailment did not justify bail, as appropriate medical care could be provided within the jail premises.

Disposition: The Supreme Court set aside the High Court's order granting bail to Respondent No. 2 in the murder case of Smt. Hem Lata Pandey. The appeal was disposed of accordingly, with no order as to costs.