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MS. P vs. THE STATE OF MADHYA PRADESH AND ANOTHER

SCR Citation: [2022] 3 S.C.R. 823
Year/Volume: 2022/ Volume 3
Date of Judgment: 05 May 2022
Petitioner: MS. P
Disposal Nature: Appeal Allowed
Neutral Citation: 2022 INSC 514
Judgment Delivered by: Hon'ble Ms. Justice Hima Kohli
Respondent: THE STATE OF MADHYA PRADESH AND ANOTHER
Case Type: CRIMINAL APPEAL /740/2022
Order/Judgment: Judgment
1. Headnote

Code of Criminal Procedure, 1973: s. 439 – Special powers of High Courts and Courts of Sessions regarding bail – Exercise of – Held: High Court or the Sessions Court have wide discretion u/s. 439(1) however, it must be exercised after due application of the judicial mind and not in a routine manner – Liberty of the individual has been placed on the high pedestal however, the reasons for granting bail should be furnished – Absence of cogent reasons and failure to refer the relevant factors to grant bail can persuade the appellate court to interfere with the order passed – Bail once granted, can be cancelled only under supervening circumstances or when the conduct of the accused is no longer conducive to a fair trial – On facts, the High Court not justified in exercising its jurisdiction u/s. 439(1) for grant of regular bail to respondent no. 2-student leader against whom case was registered u/ss. 376(2)(n) and 506 IPC – High Court granted bail to the respondent no. 2 on the ground of delay in lodging the FIR, without offering any plausible explanation for the same – Respondent no. 2 is involved in four criminal cases – Respondent no. 2 immediately after being released from jail, took out a procession and mounted hoardings in the city, with his photographs prominently displayed, celebrating his release – Captions tagged to his photographs on the social media highlight the superior position and power wielded by the respondent No.2 and his family in the society and its deleterious impact on the complainant – Brazen conduct of the respondent no. 2 has evoked bona-fide fear in the mind of the complainant that she would not get a free and fair trial if he remains enlarged on bail and there is a likelihood of his influencing the material witness – High Court while granting bail overlooked the relevant material bought on record – Supervening adverse circumstances also warrant cancellation of bail – Thus, the order granting bail is quashed and set aside.

2. Case referred
3. Act
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4. Keyword
  • Code of Criminal Procedure
  • 1973: s. 439 – Special powers of High Courts and Courts of Sessions regarding bail
5. Equivalent citation
    Citation(s) 2022 (7) SCALE 411