9911796707
TMI Blog2012 (9) TMI 1182X X X X Extracts X X X X X X X X Extracts X X X X ..... should be posed whether the accused deserves to be enlarged on bail or not and only thereafter issue of imposing conditions would arise. We do not deny for a moment that period of custody is a relevant factor but simultaneously the totality of circumstances and the criminal antecedents are also to be weighed. They are to be weighed in the scale of collective cry and desire. The societal concern has to be kept in view in juxtaposition of individual liberty. Regard being had to the said parameter we are inclined to think that the social concern in the case at hand deserves to be given priority over lifting the restriction of liberty of the accused. - Criminal Appeal No. 1456 OF 2012 (Arising out of S.L.P. (Criminal) No. 4083 of 2012) - - - Dated:- 20-9-2012 - K. S. Radhakrishnan And Dipak Misra, JJ. JUDGMENT Dipak Misra, Leave granted. 2. The present appeal by special leave has been preferred assailing the legal defensibility of the order dated 26.04.2012 passed in Criminal Application No. 28461 of 2011 by the High Court of Judicature at Allahabad and praying for quashment of the same, and further to cancel the grant of bail to the accus ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... preferred a Bail Application No. 28461 of 2011 before the High Court under Section 439 of the Code. The High Court though took note of the statement made under Section 164 CrPC that name of Shiv Raj Singh @ Lalla Babu had figured as allegations were made against him to that effect that victim Bihari Lal was taken by the kidnappers to him, yet observed that he only sat there and offended Bihari Lal. The High Court only mentioned the fact that the accused has a criminal history and is involved in number of cases but considering the factum that he has been in custody since 30.09.2011 directed his enlargement on bail on certain conditions, namely, the accused shall report at the police station concerned on the first day of each English Calendar month, shall not commit any offence similar to the offence which he is accused of, and shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer. 7. Questioning the justifiability of the impugned order Ms. Abha R. Sharma, learned counsel for the petitioner has contended that the High Court ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ution and there is greater chance of rejection of bail, though, however dependent on the factual matrix of the matter. In the said case the learned Judges referred to the decision in Prahlad Singh Bhati v. NCT, Delhi and Another (2001) 4 SCC 280 and stated as follows:- (a) While granting bail the court has to keep in mind not only the nature of the accusations, but the severity of the punishment, if the accusation entails a conviction and the nature of evidence in support of the accusations. (b) Reasonable apprehensions of the witnesses being tampered with or the apprehension of there being a threat for the complainant should also weigh with the court in the matter of grant of bail. (c) While it is not expected to have the entire evidence establishing the guilt of the accused beyond reasonable doubt but there ought always to be a prima facie satisfaction of the court in support of the charge. (d) Frivolity in prosecution should always be considered and it is only the element of genuineness that shall have to be considered in the matter of grant of bail, and in the event of there being some doubt as to the genuineness of the prosecution, in the normal course of events, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... th Section 437 continue to be relevant. 15. In Puran v. Rambilas and another (2001) 6 SCC 338 it has been noted that the concept of setting aside an unjustified, illegal or perverse order is totally different from the cancelling an order of bail on the ground that the accused had misconducted himself or because of some supervening circumstances warranting such cancellation. 16. In Dr. Narendra K. Amin v. State of Gujarat and another 2008 (6) SCALE 415, a three-Judge Bench has observed that when irrelevant materials have been taken into consideration the same makes the order granting bail vulnerable. If the order is perverse, the same can be set at naught by the superior court. 17. In Prakash Kadam and others v. Ramprasad Vishwanath Gupta and another (2011) 6 SCC 189, while making a distinction between cancellation of bail and consideration for grant of bail, this Court opined thus: - 18. In considering whether to cancel the bail the court has also to consider the gravity and nature of the offence, prima facie case against the accused, the position and standing of the accused, etc. If there are very serious allegations against the accused his bail may be cancelled even ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and function as a significant instrument for protection of human rights and security of the collective. It is because fundamentally laws are made for their obedience so that every member of the society lives peacefully in a society to achieve his individual as well as social interest. That is why Edmond Burke while discussing about liberty opined, it is regulated freedom . 20. It is also to be kept in mind that individual liberty cannot be accentuated to such an extent or elevated to such a high pedestal which would bring in anarchy or disorder in the society. The prospect of greater justice requires that law and order should prevail in a civilized milieu. True it is, there can be no arithmetical formula for fixing the parameters in precise exactitude but the adjudication should express not only application of mind but also exercise of jurisdiction on accepted and established norms. Law and order in a society protect the established precepts and see to it that contagious crimes do not become epidemic. In an organized society the concept of liberty basically requires citizens to be responsible and not to disturb the tranquility and safety which every well-meaning person desires. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Steamship Co. v. McGregor Gow Co. (1989) 23 QBD 598, 606 and the definition given by Blackstone and opined thus: - A crime, therefore, is an act deemed by law to be harmful to society in general, even though its immediate victim is an individual. 25. In Mrs. Harpreet Kaur Harvinder Singh Bedi v. State of Maharashtra and another AIR 1992 SC 979 a two-Judge Bench, though in a different context, has observed: - Crime is a revolt against the whole society and an attack on the civilization of the day. Order is the basic need of any organized civilized society and any attempt to disturb that order affects the society and the community. 26. In T.K. Gopal alias Gopi v. State of Karnataka AIR 2000 SC 1669 it has been held that crime can be defined as an act that subjects the doer to legal punishment. It may also be defined as commission of an act specifically forbidden by law; it may be an offence against morality or social order. 27. Keeping in mind the aforesaid aspects, namely, the factors which are to be borne in mind while dealing with an application preferred under Section 439 of the Code of Criminal Procedure in respect of serious offences, the distinction betwee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 209/92 147/148/149/302 Shahabad Rampur 5. 189/95 323/342/35/504/506 Shahabad Rampur 6. 184/96 3/4 U.P. Gunda Act Shahabad Rampur 7. 185/96 147/148/149/307/225 Shahabad Rampur 8. 485/98 323/504/506/3(1)10 S.C./S.T. Act Shahabad Rampur 9. 493/98 420/506/467/468/47 Shahabad Rampur 10. 281/99 3/4 U.P. Gunda Act Shahabad Rampur 11. 626/05 347/504/506 Shahabad Rampur 12. 628A/05 452/352/504/506 Shahabad Rampur 13. 363/06 3(1) Preven ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 270/02 25 Arms Act Kasganj Eta In this Court also the same list has been filed. Thus, there is no doubt that the accused is a history-sheeter. 30. Coming to the nature of crime it is perceivable that two persons came on a motorcycle and kidnapped Bihari Lal and kept him in confinement for eight days. The role of the accused is clearly stated. It is apt to note that a history-sheeter has a recorded past. The High Court, in toto, has ignored the criminal antecedents of the accused. What has weighed with the High Court is that the accused had spent seven months in custody. That may be one of the factors but that cannot be the whole and the sole factor in every case. It depends upon the nature of the offence, the manner in which it is committed and its impact on the society. We may hasten to add that when we state that the accused is a history sheeter we may not be understood to have said that a historysheeter is never entitled to bail. But, it is a significant factor to be taken note of regard being had to the nature of crime in respect of which he has been booked. In the case at hand, as the prosecut ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... issue of imposing conditions would arise. We do not deny for a moment that period of custody is a relevant factor but simultaneously the totality of circumstances and the criminal antecedents are also to be weighed. They are to be weighed in the scale of collective cry and desire. The societal concern has to be kept in view in juxtaposition of individual liberty. Regard being had to the said parameter we are inclined to think that the social concern in the case at hand deserves to be given priority over lifting the restriction of liberty of the accused. 33. In the present context the period of custody of seven months, in our considered opinion, melts into insignificance. We repeat at the cost of repetition that granting of bail is a matter of discretion for the High Court and this Court is slow to interfere with such orders. But regard being had to the antecedents of the accused which is also a factor to be taken into consideration as per the pronouncements of this Court and the nature of the crime committed and the confinement of the victim for eight days, we are disposed to interfere with the order impugned. 34. We may note with profit that it is not an appeal for cancella ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
