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Vishnu v. State of Rajasthan

Criminal Appeal · Neutral citation not assigned (Criminal Appeal No. 454 of 2017)Decided 3 Mar 2017
Criminal Appeal No. 454 of 2017
Justice Kurian Joseph · Justice R. Banumathi

Background

The appellant had been in custody since 1 December 2015 in connection with an FIR registered at Police Station Bair, Rajasthan, alleging offences under Sections 147, 148, 149, 323, 341, 324, 325 and 307 of the IPC arising out of a dispute over the bursting of firecrackers. The trial had commenced but only one witness had so far been examined. The Supreme Court had earlier issued notice to the complainant, who did not appear.

Decision Breakdown

Granting leave, the Supreme Court held that given the factual background, the limited progress of the trial and the relatively minor origin of the dispute, the appellant should be released on bail during the pendency of the trial, on furnishing bail bonds of Rs. 10,000 with two sureties of like amount to the satisfaction of the trial court. The Court made it a condition that the appellant must cooperate with the trial and not influence witnesses, and clarified that the State could apply for cancellation of bail if he failed to cooperate. The appeal was disposed of in these terms.

Lesson Learnt

An undertrial prisoner can be granted bail by the Supreme Court even while the trial is ongoing, where the case arises from a minor dispute and progress has been slow, but bail can come with strict conditions, including cooperation with the trial, non-interference with witnesses, and liability to cancellation for breach.

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

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