Introduction

• (Para 1-2)
  The Supreme Court grants leave to appeal against the High Court's order recalling bail previously granted to the appellant under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Background

• (Para 3)
  FIR registered on 9th July 2016 under Sections 302 and 34 of the IPC, Section 27 of the Arms Act, and Section 3(2)(v) of the SC/ST Act against the appellant.

• (Para 4)
  Appellant's bail application rejected by the Sessions Judge on 5th July 2022; subsequently, an appeal was filed in the High Court.

• (Para 5)
  High Court granted bail on 8th December 2022. A modification application by the complainant was rejected on 15th February 2023, but an inquiry was ordered suo motu.

• (Para 6)
  Inquiry report led the High Court to recall the bail order on 25th August 2023, citing suppression of criminal antecedents.

Arguments

• (Para 7-8)
  The High Court justified recalling the bail due to the alleged suppression of the appellant's criminal history.

• (Para 9)
  The appellant argued that there was no intent to suppress material facts, and many antecedents had been resolved with bail or closure reports.

• (Para 10)
  The State opposed, asserting that the concealment of facts undermined the appellant’s eligibility for bail.

Court’s Observations

• (Para 11)
  The Supreme Court refrained from commenting on the merits of the antecedents to avoid prejudice in the trial.

• (Para 12-13)
  The Court noted that the High Court had granted bail after due consideration and dismissed the complainant's modification plea. However, the suo motu inquiry led to an unnecessary recall of the bail order.

• (Para 14)
  No allegations of violation of bail conditions or misuse of liberty were raised. Hence, recalling the bail was deemed unjustified.

Conclusion

• (Para 15-17)
  The Supreme Court set aside the High Court’s orders dated 15th February 2023 and 25th August 2023, restoring the original bail order dated 8th December 2022. Pending applications were disposed of.

Acts and Sections Discussed:

1. Indian Penal Code, 1860

   • Section 302 (Punishment for murder)
   • Section 34 (Acts done by several persons in furtherance of common intention)

2. Arms Act, 1959

   • Section 27 (Punishment for using arms)

3. Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989

   • Section 3(2)(v) (Offences committed against SC/ST members).

Ratio Decidendi:

Bail once granted can only be recalled under compelling reasons such as violation of bail conditions or misuse of liberty. Mere allegations of suppression, without proof of intent or material impact, are insufficient to revoke bail.

Subjects:

• Criminal Procedure
• Bail and Liberty
• Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act

#Bail #CriminalAppeal #SupremeCourt #SCSTAct #CriminalAntecedents #JudicialEquity