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Jadunath Singh vs. Arvind Kumar & Anr. Etc.

Not available · 2024 INSC 325Decided 19 Apr 2024
Not available
Justice Vikram Nath

Background

Five accused, including Arvind Kumar, his sons Chandra Kumar and Rishi Kumar, were convicted of murder and sentenced to life imprisonment in 2019 following a land dispute in which the complainant's son had removed Arvind Kumar from illegal possession of a plot. While their appeals against conviction were pending, the Allahabad High Court granted the three accused bail after more than ten years in custody, partly on the ground that two other co-accused had already been released on bail. The complainant, Jadunath Singh, challenged these bail orders before the Supreme Court.

Decision Breakdown

The Supreme Court found that the High Court had not been informed of a critical fact: while in custody, Chandra Kumar and Rishi Kumar had allegedly murdered a police constable guarding them and fled, later being arrested by the Special Task Force after resisting arrest and opening fire on police. Because of this subsequent conduct and a separate pending trial against them, the Court held their bail could not stand and cancelled it, directing them to surrender within two weeks. However, since Arvind Kumar was not implicated in the constable's murder, the Court declined to interfere with his bail and dismissed the appeal against him.

Lesson Learnt

A court considering bail based on parity with co-accused, or on long incarceration, must be given the complete picture of an accused's conduct while on bail or in custody. The Supreme Court can and will cancel bail obtained through concealment of serious subsequent misconduct such as violence against custodial officials.

Official source (sci.gov.in)View Judgment (PDF)

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