Supreme Court Revokes Bail for Accused in Murder Cases, Orders Immediate Surrender and Expedited Trial Process.

Gobarbhai Naranbhai Singala and Ors. Versus State of Gujarat and Ors.

Gobarbhai Naranbhai Singala and Ors. Versus State of Gujarat and Ors. - (2008) 3 SCC 775, [2008] 2 SCR 131, AIR 2008 SC 1134 Issues Involved:

1. Cancellation of bail granted to the accused in two separate criminal cases involving charges of murder and other offenses.
2. Examination of the High Court's rationale for granting bail.
3. Consideration of the accused's conduct during temporary bail periods.
4. Evaluation of trial progress and its impact on bail decisions.
5. Assessment of the accused's criminal antecedents.
6. Legal principles governing bail in serious criminal cases.

Issue-wise Detailed Analysis:

1. Cancellation of Bail Granted to the Accused:

The appeals sought the cancellation of bail granted to the accused in two separate criminal cases. The first case involved charges under Sections 302, 307, 143, 147, 148, 149, 341, 120B, 201 IPC, and various sections of the Arms Act and Bombay Police Act. The second case involved charges under Sections 143, 148, 149, 449, 302 IPC, and the Arms Act. The Supreme Court was tasked with reviewing the High Court's decision to grant bail in these cases.

2. Examination of the High Court's Rationale for Granting Bail:

The High Court granted bail to the accused based on three primary grounds: the accused's prolonged judicial custody since March 2004, the lack of trial commencement, and the accused's compliance with conditions during temporary bail periods. The Supreme Court found these reasons untenable, noting that the High Court did not address the reasons for initially denying bail, and there were no changed circumstances justifying the grant of bail.

3. Consideration of the Accused's Conduct During Temporary Bail Periods:

The High Court considered the accused's compliance with temporary bail conditions as a factor in granting regular bail. However, the Supreme Court held that compliance with bail conditions during temporary release is not sufficient grounds for granting bail in a murder case, especially when the accused is involved in subsequent criminal activities.

4. Evaluation of Trial Progress and Its Impact on Bail Decisions:

The High Court cited the lack of trial progress as a reason for granting bail. The Supreme Court noted that the trial had been delayed due to the absence of accused persons during hearings, not due to any actions by the complainants. The Court emphasized that trial delays should not automatically result in bail for serious offenses.

5. Assessment of the Accused's Criminal Antecedents:

The accused had a history of involvement in multiple criminal cases, including charges of murder and attempted murder. The Supreme Court highlighted the accused's criminal antecedents and the gravity of the charges as significant factors against granting bail. The Court observed that the accused's history of acquittals due to insufficient evidence did not negate the seriousness of the charges.

6. Legal Principles Governing Bail in Serious Criminal Cases:

The Supreme Court reiterated the legal principles for granting bail in serious criminal cases, emphasizing the need to consider the nature and gravity of the offense, the likelihood of the accused absconding, and the potential for witness tampering. The Court found that the High Court had ignored these principles, leading to the decision to cancel the bail.

Conclusion:

The Supreme Court set aside the High Court's orders granting bail to the accused, directing them to surrender to judicial custody. The Court underscored the importance of adhering to established legal principles in bail decisions, particularly in cases involving serious criminal charges. The trial was ordered to proceed expeditiously, with cooperation from both prosecution and defense counsel. The appeals were allowed, with a directive to conduct the trial on a day-to-day basis to ensure a timely conclusion.