In Matters Of Personal Liberty State Can’t Act Casually: Supreme Court Grants Bail To Murder Accused After State Of Jharkhand Fails To File Reply To Bail Application
|The Supreme Court, while granting bail to an accused in a murder case, has said that in matters relating to personal liberty, the State cannot be expected to act casually rather they should respond promptly. The Court made the remark as the state of Jharkhand had not filed its reply in the matter even after three months of issuance of notice in the SLP.
The Court was hearing a petition assailing an order passed by the Jharkhand High Court rejecting his bail application filed in connection with a case for the offence of murder.
The Bench of Justice BR Gavai and Justice KV Viswanathan said, “In matters relating to personal liberty of citizen, the State cannot be expected to act in such a casual manner. Rather they should have responded promptly…Taking into consideration the fact that the deposition of the eye witnesses have already been recorded and further that the petitioner has been incarcerated in jail for almost a period of seven years, we are inclined to allow this petition.”
Senior Advocate Siddhartha Dave appeared for the Petitioner while AOR Tulika Mukherjeeappeared for the Respondent.
The Court took note of the fact that although notice was issued by them on May 14, 2024, the period of almost three months had elapsed and the State sought time to file a reply in the Petition.
It was the case of the prosecution that the allegations revealed that in broad daylight four persons were shot dead on a busy street on account of the indiscriminate firing resorted to by several of the accused persons. The name of the Accused figured as a conspirator and as per the evidence of the witnesses, he had actively conspired in eliminating one Niraj Singh.
The Court held, “The petitioner is directed to be released on bail in connection with S.T. No.276(A) of 2017 pending before Addl. Sessions Judge-XVI, Dhanbad, to the satisfaction of the Trial Court.”
The High Court, while rejecting his bail application, said, “Though the petitioner is in custody since long, but in view of the involvement of the petitioner in the commission of the murders along with the other accused persons, I am not inclined to reconsider the prayer for bail of the petitioner which stands rejected once again with a direction to the learned trial court to endeavour to conclude the trail at the earliest.”
Accordingly, the petition was disposed of.
Cause Title: Jainendra Kumar @ Jainendra Singh @ Pintu Singh v. The State of Jharkhand
Appearances:
Petitioner: Senior Advocate Siddhartha Dave, AOR Sunny Choudhary and Advocate Mrigna Shekhar
Respondent: AOR Tulika Mukherjee