Promotees Allowed to Challenge Provisional Seniority List in Dispute Between Direct Recruitment and Promotion: Kerala High Court Frivolous Defenses Cannot Justify Leave to Defend Under Order XXXVII CPC Delhi High Court Candidates Merely Enrolled in Final Year B.V.Sc. Program Ineligible for Veterinary Officer Recruitment: Rajasthan High Court Manufacturing or Sale of Garments Does Not Attract Copyright Protection; Procedural Violations Under Trade Marks Act Renders Prosecution Unsustainable: P&H High Court Ownership Alone Is Not Sufficient to Maintain Eviction Suit; Plaintiff Must Qualify as a Lessor Under Lease Agreement: Calcutta High Court Findings Based on Evidence Cannot Be Interfered With in a Second Appeal Without Substantial Question of Law: AP High Court Chain of Circumstances Broken: Inferences Cannot Replace Proof Beyond Reasonable Doubt: Kerala High Court Bail | Prolonged Incarceration Without Trial Violates Article 21 of the Constitution: Bombay High Court Encroachment on a Common Lane Gives Rise to Recurring Cause of Action: Madras High Court Holds Limitation Act Inapplicable to Pathway Disputes Reproductive Autonomy Includes the Right to Abort Without Spousal Consent: P&H High Court Access to Writ Jurisdiction Under Article 226 is Not an Absolute Bar Against MSEFC Awards: Supreme Court Refers Key Questions on Writ Jurisdiction to Larger Bench Civil Court Jurisdiction Not Ousted for Title and Mortgage Disputes Under SARFAESI Act: Supreme Court Principle of Bail is the Rule, Jail is the Exception: Supreme Court Panchayat Law | Mandatory Compliance With Section 34 And Rule 3 Is Non-Negotiable In Resignation Cases: Bombay High Court Quashes Resignation Of Upa-Sarpanch Recovery of Bullet Fired from Accused’s Weapon Crucial: PH High Court Reaffirms Conviction in Murder Case Injured Witness Evidence Carries Built-in Reliability Unless Contradicted Significantly: Kerala High Court Partly Allows Appeal in Murder Case Civil Dispute with Criminal Elements Cannot Be Quashed Under Section 482 Cr.P.C.: Karnataka High Court Issuance of Summons Under Section 91 CrPC During Preliminary Verification is Without Jurisdiction: High Court of J&K and Ladakh Article 21 Prevails Over NDPS Act’s Section 37 Restrictions in Cases of Prolonged Incarceration: Delhi High Court Once a Property is Waqf, It Remains Waqf Perpetually: Calcutta High Court Affirms No Secular Ownership Can Derive from Waqf Properties Surveillance Without Opportunity to Object Violates Articles 14, 19, and 21: Allahabad High Court Quashes Class-B History Sheets Mandatory Provisions of Order XXI CPC Were Violated, Rendering the Auction Sale Illegal: Punjab and Haryana High Court

Seriousness of the Crime and Conduct of the Accused Necessitates Cancellation of Bail: Supreme Court Reverses High Court's Decision in Daylight Murder Case

07 May 2024 8:19 AM

By: Admin


In a significant ruling, the Supreme Court has set aside the bail orders granted by the High Court to two accused in a brutal daylight murder, stressing the seriousness of the crime and the conduct of the accused. The apex court's decision underscores the necessity of considering the gravity of the offense and the influence of the accused on the local community, which resulted in an atmosphere of fear and the closure of local markets.

The judgment revolves around a grievous incident that occurred on January 2, 2022, involving the murder of Jitendra Singh by Vivek Pal and Punit Pal. The accused faced multiple charges under the Indian Penal Code (IPC), including murder and criminal conspiracy, highlighting the planned and violent nature of the attack.

The FIR detailed a violent assault where the accused, armed with lethal weapons, attacked the victim in broad daylight, leading to his death from severe head injuries. This incident had a chilling effect on the locality, with the market closing for ten days post-incident, illustrating the accused's significant local influence.

The Supreme Court meticulously reviewed the High Court's decision to grant bail and found several issues with its exercise of discretion. The Court referenced key precedents that dictate the careful consideration needed in bail decisions, especially in cases involving grave crimes and potential community impact.

The Court highlighted that the assault was premeditated and carried out in public, leading to the death of the victim. This act not only ended a life but also instilled fear within the community, impacting public order and local business operations.

The accused's influence was evident from the immediate shutdown of local markets after the incident. Additionally, there were allegations of the accused threatening witnesses, which could impede the judicial process.

The Supreme Court pointed out that the High Court failed to appropriately weigh the serious nature of the offense and the conduct of the accused against the judicial principles governing bail.

Concluding its assessment, the Supreme Court canceled the bail previously granted to Vivek Pal and Punit Pal, ordering their immediate custody. The decision mandates their return to jail and calls for an expeditious trial, ideally to be concluded within a year.

Date of Decision: April 19, 2024,

Ramayan Singh vs. The State of Uttar Pradesh & Anr.

 

Similar News