Crucial witnesses yet to be examined – bail of accused - grave risk of impeding a fair trial – SC

Apex Court observed in recent judgement (Mamta & other. Vs State 24^th May 2022) that an important circumstance which have not been taken into consideration by the High Court is that crucial witnesses are yet to be examined.  The release of the second respondent on bail, at this stage, would run a grave risk of impeding a fair trial. The apprehension of the appellants and of the prosecution that the witnesses may be tampered with cannot be regarded as lacking in substance.

The appellants are the parents of the deceased Class VIII pupil, who was 13 years old. The prosecution contends that he was kidnapped for a ransom of one Crore rupees and his body was retrieved from a nallah one day after his abduction. The second respondent was detained on November 25, 2014, and remained in detention until March 2, 2022, excluding the time he was released on temporary bail.

The accused is facing trial in connection with FIR for alleged offences punishable under Sections 363, 364A, 302 and 201 read with Section 34 of the IPC.  Charge-sheet under Section 173 of the Cr.P.C, charges have been framed.  Eleven prosecution witnesses have been examined. Accused/respondent no.2 approached Delhi High Court for regular bail and same was allowed. Aggrieved parents of deceased child approached Apex Court.

Apex court held that considering the nature and gravity of the offence, the role which has been attributed to the accused/respondent no.2 and the crucial witnesses which remain to be examined.  The exercise of the discretion by the High Court in the present case is improper. 

D.D:- 24 May,2022

Mamta & Anr  versus The State (NCT of Delhi) & Anr