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of <h1>Sessions Judge's premature bail grant cancelled for failing to consider witness tampering concerns in death penalty case</h1> <h3>GURCHARAN SINGH & ORS. Versus STATE (DELHI ADMINISTRATION)</h3> GURCHARAN SINGH & ORS. Versus STATE (DELHI ADMINISTRATION) - 1978 AIR 179, 1978 (2) SCR 358, 1978 (1) SCC 118, Issues Involved:1. Cancellation of bail granted by the Sessions Judge.2. Judicial discretion in granting bail under Section 439 of the Criminal Procedure Code (Cr. P.C.).3. Apprehension of tampering with witnesses.4. Prima facie case evaluation.5. Procedural aspects under Sections 437 and 439 of the Cr. P.C.6. The role of the High Court and Sessions Court in bail matters.Detailed Analysis:1. Cancellation of Bail Granted by the Sessions Judge:The appeals were directed against the Delhi High Court's judgment canceling the bail orders issued by the Sessions Judge. The appellants, ranging from high-ranking police officials to constables, were accused of being part of a criminal conspiracy to murder a notorious dacoit named Sunder. The High Court set aside the Sessions Judge's orders, citing a failure to consider the prosecution's grave apprehension regarding witness tampering.2. Judicial Discretion in Granting Bail under Section 439 of the Cr. P.C.:The Sessions Judge granted bail to the appellants, stating that there was little probability of them tampering with witnesses or fleeing from justice. However, the High Court found that the Sessions Judge did not exercise judicial discretion on relevant principles and factors. The High Court emphasized the nature of the offense, the character of the evidence, and the reasonable apprehension of witness tampering as critical considerations in bail matters.3. Apprehension of Tampering with Witnesses:The prosecution argued that the appellants, due to their positions and influence, posed a grave risk of tampering with witnesses. The Sessions Judge dismissed this concern, stating that the witnesses had already tampered with their evidence by making contradictory statements. The High Court, however, noted that the Sessions Judge failed to give proper weight to the prosecution's apprehension, especially given the appellants' positions relative to the eye witnesses.4. Prima Facie Case Evaluation:The High Court found that the Sessions Judge prematurely commented on the merits of the case by suggesting that the witnesses' depositions were unreliable. The High Court emphasized that at the bail stage, the focus should be on whether a prima facie case exists based on the statements of witnesses and other materials, not on the credibility of the evidence.5. Procedural Aspects under Sections 437 and 439 of the Cr. P.C.:The judgment discussed the procedural nuances of Sections 437 and 439 of the Cr. P.C. Section 437 deals with bail by Magistrates and imposes restrictions on granting bail for offenses punishable with death or life imprisonment unless there are reasonable grounds to believe the accused is not guilty. Section 439 confers special powers on the High Court and Sessions Court to grant or cancel bail, without the restrictions imposed on Magistrates. The High Court can cancel bail granted by the Sessions Judge if it finds that the judicial discretion was not exercised properly.6. The Role of the High Court and Sessions Court in Bail Matters:The High Court has the authority to cancel bail granted by the Sessions Court if it finds that the latter did not consider relevant factors or exercised its discretion improperly. The judgment clarified that the High Court's jurisdiction in bail matters is not excluded by the new Code, and it can intervene to ensure justice. The High Court's decision to cancel the bail was upheld, emphasizing the need for a fair trial and the prevention of witness tampering.Conclusion:The Supreme Court dismissed the appeals, upholding the High Court's decision to cancel the bail granted by the Sessions Judge. The Court emphasized the importance of considering the nature of the offense, the character of the evidence, and the potential for witness tampering in bail decisions. The trial was ordered to proceed expeditiously, with a focus on examining key witnesses first. The judgment highlighted the judicial discretion required in bail matters and the procedural safeguards under Sections 437 and 439 of the Cr. P.C.
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