Case Note & Summary
The applicant, Shyam Singh Charan, a police sub-inspector from Rajasthan, was accused no. 9 in a case registered by the CBI for the alleged abduction and murder of Sohrabuddin Shaikh in a fake encounter. The prosecution alleged a criminal conspiracy among police officials of Gujarat ATS and Rajasthan STF to abduct and kill Sohrabuddin, his wife Kausarbi, and Tulsiram Prajapati. The applicant was arrested and had been in custody since 2010. He applied for bail under the Code of Criminal Procedure, 1973. The court noted that the applicant was not named in the FIR, no overt act was attributed to him, and the only evidence against him was that he was present at the farmhouse where the victims were confined. The court held that mere presence at the scene of conspiracy, without any overt act, does not constitute criminal conspiracy. The court also considered that the applicant had been in custody for over a year, the investigation was complete, and there was no risk of flight or tampering with evidence. The court granted bail on certain conditions, including furnishing a personal bond and surety, and reporting to the investigating officer periodically.
Headnote
A) Criminal Law - Bail - Criminal Conspiracy - Fake Encounter - Sections 120B, 302, 365, 368, 201 IPC - Applicant, a police sub-inspector, was accused no. 9 in a case involving abduction and murder of Sohrabuddin Shaikh in a fake encounter - The court considered that the applicant was not named in the FIR, no overt act was attributed to him, and he had been in custody for over a year - Held that the applicant was entitled to bail as there was no prima facie case of conspiracy against him and further custodial interrogation was not required (Paras 1-16).
Issue of Consideration
Whether the applicant, a police sub-inspector accused of criminal conspiracy to abduct and murder Sohrabuddin Shaikh, is entitled to bail under the Code of Criminal Procedure, 1973.
Final Decision
The court allowed the bail application and directed the applicant to be released on bail on his furnishing a personal bond of Rs. 25,000 with one surety of the like amount, and on condition that he report to the investigating officer once a month and not tamper with evidence or influence witnesses.
Law Points
- Bail
- Criminal Conspiracy
- Fake Encounter
- Section 120B IPC
- Section 302 IPC
- Section 365 IPC
- Section 368 IPC
- Section 201 IPC
- Prima Facie Case
- Custodial Interrogation
- Flight Risk
- Tampering with Evidence
Case Details
2013 LawText (BOM) (07) 103
Criminal Bail Application No. 1984 of 2012
Mihir Gheewala a/w Santosh Pawar for Applicant, Hiten S. Venegaonkar for R. No. 1 CBI, Mrs. Shilpa Gajare Dhumal, APP for State
Central Bureau of Investigation & Anr.
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Nature of Litigation
Criminal bail application under the Code of Criminal Procedure, 1973.
Remedy Sought
The applicant sought bail in a case registered by the CBI for offences under Sections 120B, 302, 365, 368, and 201 of the IPC.
Filing Reason
The applicant was arrested and had been in custody since 2010 in connection with the alleged abduction and murder of Sohrabuddin Shaikh in a fake encounter.
Issues
Whether the applicant is entitled to bail given the allegations of criminal conspiracy to abduct and murder Sohrabuddin Shaikh.
Whether the applicant's mere presence at the scene of conspiracy constitutes a prima facie case of criminal conspiracy.
Submissions/Arguments
The applicant argued that he was not named in the FIR, no overt act was attributed to him, and he had been in custody for over a year without any progress in trial.
The CBI opposed bail, arguing that the applicant was part of the conspiracy and that his release might hamper investigation and lead to tampering of evidence.
Ratio Decidendi
Mere presence at the scene of conspiracy, without any overt act, does not constitute criminal conspiracy under Section 120B IPC. Bail should be granted when the accused is not named in the FIR, no overt act is alleged, and the accused has been in custody for a substantial period without trial.
Judgment Excerpts
The applicant – a policeman, who was working as a SubInspector of Police in District Udaipur, Rajasthan, at the material time, is the accused No. 9, in the case arising out of R.C.No.BS1/S/2010/0004 dated 1/2/2010 registered with CBI SCB, Mumbai.
The allegation against the applicant and the other accused is that, they have committed offences punishable under sections 120B of the IPC read with sections 365 IPC, 368 IPC, 302 IPC and 201 of the IPC.
The case of the investigating agency, in brief, is that the police officials of Anti Terrorists Squad (ATS), Gujarat, and Special Task Force, Rajasthan, entered into a criminal conspiracy to abduct one Sohrabuddin Shaikh from Andhra Pradesh in order to kill him.
Procedural History
The applicant was arrested in 2010 in connection with the Sohrabuddin Shaikh fake encounter case. He filed a bail application before the Bombay High Court, which was heard and decided on 10 July 2013.
Acts & Sections
- Indian Penal Code, 1860 (IPC): 120B, 302, 365, 368, 201
- Code of Criminal Procedure, 1973 (CrPC):
