Bail Cancelled: Court Prioritizes Public Safety Over Time Served in Murder Case.
19 April 2024
Murder Homicide >> Criminal Law
The Supreme Court of India has delivered a judgement in a case involving multiple murders. The case centered around a dispute over land and the violence that erupted over it.
Jadunath Singh, the complainant, accused Arvind Kumar, his sons Chandra Kumar and Rishi Kumar, Pramod Kashyap, Adesh Kumar, Monu, and Amit Kumar of murdering his son Rajvir and another person. The trial court convicted five of the accused, including Chandra and Rishi Kumar, for the murders and sentenced them to life imprisonment.
However, the story takes a shocking turn. While Chandra and Rishi Kumar were out on bail awaiting trial in the first murder case, they allegedly murdered a police constable Ajay Kumar who was escorting them! They then absconded but were later arrested by a special task force.
Following their incarceration for the second murder, Chandra and Rishi Kumar, along with Arvind Kumar, applied for bail in the first murder case citing a long period of imprisonment (over 10 years) and the fact that two co-accused had already been granted bail. The Allahabad High Court granted bail to all three.
Unhappy with the High Court's decision, Jadunath Singh appealed to the Supreme Court, specifically challenging the bail granted to Chandra and Rishi Kumar. The Supreme Court, in a significant judgement, upheld the bail granted to Arvind Kumar as he was not involved in the police officer's murder. However, the Court cancelled bail for Chandra and Rishi Kumar considering the seriousness of their crimes, particularly committing another murder while already facing charges for another.
This judgement highlights the importance the Supreme Court places on the severity of the crime when considering bail applications. Even though the accused had spent a significant time in jail, the Court prioritized public safety and the gravity of the offense.