2023 (5) TMI 233 - SC - Indian Laws

Supreme Court Upholds Trial Court's Bail Decision, Criticizes High Court's Order

Totaram Versus State of Madhya Pradesh & Anr

The Supreme Court set aside the High Court of Madhya Pradesh's order canceling bail for the appellant, emphasizing the Trial Court's fair exercise of ... Cancellation of bail granted to petitioner - High Court observed that the mere fact that the charge-sheet had been filed could not be considered as a change in circumstances - HELD THAT:- After the charge-sheet was submitted before the competent Court under Section 173 of the Code of Criminal Procedure 1973, the appellant moved for bail afresh. The order passed by the Trial Judge granting bail on the ground that the charge-sheet had been submitted and that the other accused were on bail was eminently fair and reasonable. The order of the High Court directing that the appellant be arrested immediately and seeking an explanation from the Second Additional Sessions Judge was wholly disproportionate and was not warranted. Such orders of the High Court produce a chilling effect on the District judiciary. The members of the district judiciary cannot be placed in a sense of fear if they were to exercise the jurisdiction lawfully entrusted to them for granting bail in appropriate cases. The order of the Trial Judge does not indicate that he had applied the wrong principles of law. Quite to the contrary, the exercise of the discretion to grant bail, having due regard to the nature of the offence, the fact that other accused had been granted bail and the charge-sheet had been submitted, was appropriate. The appellant was in custody from 29 June 2022 till 16 August 2022, when he was granted bail by the Trial Court. As a result of the cancellation of bail by the High Court on 2 December 2022, he was taken into custody until he was released in pursuance of the order of this Court dated 24 February 2023 granting bail - the impugned order of the High Court dated 2 December 2022 is set aside. The application for cancellation of bail shall accordingly stand dismissed. Issues Involved:1. Cancellation of bail by a Single Judge of the High Court of Madhya Pradesh without considering earlier rejection of bail.2. Alleged offences under Sections 294, 323, 342, 354, and 506 of the Indian Penal Code.3. Relationship between the appellant and the complainant.4. Grant of bail by the Trial Court and subsequent cancellation by the High Court.Issue 1: The High Court cancelled the bail granted to the appellant without considering the earlier rejection of bail by the High Court itself. The Trial Court's decision to grant bail was based on the submission of the charge-sheet and the fact that other accused individuals had also been granted bail. The High Court's directive to arrest the appellant immediately and seek an explanation from the Trial Court judge was deemed disproportionate and unwarranted, affecting the independence of the district judiciary.Issue 2: The FIR registered against the appellant implicated alleged offences under Sections 294, 323, 342, 354, and 506 of the Indian Penal Code. The incident involved the appellant and other co-accused allegedly accosting and assaulting the complainant on June 19, 2022.Issue 3: The appellant and the complainant were closely related, as indicated in the narration of facts. This relationship was a relevant aspect of the case.Issue 4: The Trial Court granted bail to the appellant on the grounds that the charge-sheet had been submitted and other accused individuals had been granted bail. The High Court's decision to cancel this bail was overturned by the Supreme Court, which emphasized the Trial Judge's fair and reasonable exercise of discretion in granting bail based on relevant factors.The Supreme Court, after considering the facts and legal aspects, set aside the High Court's order cancelling bail and confirmed the bail granted to the appellant by the Trial Court. The appeal was disposed of accordingly, and any pending applications were also disposed of as per the judgment.