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Ramesh Kumar Singh v. Jhabbar Singh

Ramesh Kumar Singh v. Jhabbar Singh

(Supreme Court Of India)

Criminal Appeal No. 796 Of 2002 | 09-08-2002

(1) Leave granted.

(2) This case exhibits the callousness on the part of the High Court in the matter of granting bail. The respondent having been tried for committing an offence under Section 302 IPC was convicted and sentenced to imprisonment for life in the year 1984. It was found that he had killed the father of the complainant. Against his conviction and sentence he preferred an appeal and while the appeal was pending before the High Court, the High Court was persuaded to release him on bail. While on bail, he committed the present offence of murdering two brothers of the complainant on 3-9-1996. This case ended in conviction of the respondent by judgment dated 6-12-1999 and he has been convicted under Section 302 IPC and sentenced to imprisonment for life. Against his conviction he carried the matter in appeal to the High Court and while the appeal is pending, the High Court released him on bail by the impugned order dated 5-5-2000, on the ground that the co-accused have been released on bail. It is stated to us that the bail granted to the co-accused has been cancelled in the meantime by this Court. Even without that, an accused who had misutilized the liberty that was granted to him earlier by committing murder while on bail, was not entitled to the privilege of being released on bail. The impugned order granting bail is set aside and we direct the accused be arrested and taken into custody forthwith. The appeal stands disposed of accordingly.

Advocate List
  • For the Appearing Parties ------------.
Bench
  • HON'BLE MR. JUSTICE G.B. PATTANAIK
  • HON'BLE MR. JUSTICE RUMA PAL
Eq Citations
  • (2003) 10 SCC 195
  • LQ/SC/2002/791
Head Note

Criminal law — Bail — Cancellation of bail — Accused already convicted for an offence under Section 302 IPC and sentenced to imprisonment for life — While appeal against conviction pending, granted bail and during that period, he committed another offence under Section 302 IPC and again convicted — Again preferred an appeal and while the appeal was pending, released on bail — Held, the High Court was not justified in granting bail — The liberty granted earlier was misused by accused — Impugned order granting bail set aside and accused directed to be arrested and taken into custody forthwith — Indian Penal Code, 1860, Section 302