Supreme Court Expresses Shock At Bail Granted By Gujarat HC In A Murder Case Based On 'Settlement' Between Parties
The Supreme Court recently while dealing with a Criminal Appeal expressed its shock at a Judicial order passed by a Single Judge Bench of the Gujarat High Court granting bail to an individual, accused of an offence under Section 302 of the Indian Penal Code, after noting that a settlement had been reached between the accused and the original complainant, even though the offence in question was under Section 302 of the IPC.
The Bench of Justice Hima Kohli and Justice Rajesh Bindal in its order noted "Strangely enough one of the considerations that has weighed with the learned Single Judge includes the fact that the respondent No. 2 has filed a settlement arrived at with the original complainant and the affidavit of the original complainant confirmed the said settlement, that too in respect of an offence under Section 302 of the IPC. Another consideration that has been taken into consideration by the High Court is the fact that there were no adverse antecedents of respondent No.2. To top it all, learned Additional Public Prosecutor 10 made a submission before the High Court that the State was unable to bring on record any special circumstances against the respondent No.2".
Advocate-on-Record Somesh Chandra Jha appeared for the Applicant while Advocate(s)-on-Record Sunil Prakash Sharma and Swati Ghildiyal appeared for the Respondents.
Background: As per the case of the prosecution, one Pravinbhai in the late hours of September 17, 2021, during a heated argument was fired upon on the exhortation of Respondent No.2 (accused No.2) by accused No.1. Both the accused fled away and later returned to the scene of the crime and when confronted by the appellant herein, slapped him and dragged him in their moving car due to which he suffered injuries on the head and the waist. Both the appellant and Pravinbhai were rushed to the hospital where Pravinbhai succumbed to his injuries.
The Trial Court rejected the applications of the present Respondent for seeking regular bail twice, keeping in mind the fact that he was facing a charge under Section 302 of the IPC and that the witnesses had identified him during the test identification parade.
However, in the impugned order, the Gujarat High Court granted bail and noted, "The applicant is also filled on the strength of the settlement now arrived at. The original complainant draws the attention of this Court to the affidavit of the original complainant to indicate the settlement. Considering the manner in which the incident has taken place where the applicant and the deceased alongwith their other friends had got together and there was a scuffle which resulted into the present incident."
Accordingly, after noting the antecedents against the accused Respondent and registration of another FIR against the Respondent when he was on bail in the present FIR, the Court noted "We are of the firm opinion that the respondent No.2 was not entitled to any relief in the instant case. Respondent No.2 had remained in custody for barely six months (23rd September, 2021 to 18th February, 2022) before he was released on bail in respect of a serious offence under Section 302 of the IPC. His antecedents also indicate his propensity towards committing crime. Accordingly, the impugned order dated 18th February, 2022, is quashed and set aside and respondent No.2 is directed to surrender forthwith before the trial Court."
Further, the Bench in its order remarked that to their mind, this was a fit case where the State ought to have approached the Court against the order of bail granted by the High Court in favour of respondent No.2 but surprisingly, no steps were taken. Considering the non-action of the State, the Court directed that a copy of this order be forwarded to the Secretary (Home), Government of Gujarat for his perusal and appropriate action.
Cause Title: Bharwad Santoshbhai Sondabhai Appellant v. The State Of Gujarat & Anr. [Criminal Appeal No.2495 of 2023]
