NDLI: Ms. P Vs. The State of Madhya Pradesh and Another

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Code of Criminal Procedure 1973: s. 439 – Special powers of High Courts and Courts of Sessions regarding bail
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 Referred Case 11 Referred Case 12 Referred Case 13 Referred Case 14 Referred Case 15
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Code of Criminal Procedure, 1973: s. 439 – Special powers of High Courts and Courts of Sessions regarding bail – Exercise of – Held: High Court or the Sessions Court have wide discretion u/s. 439(1) however, it must be exercised after due application of the judicial mind and not in a routine manner – Liberty of the individual has been placed on the high pedestal however, the reasons for granting bail should be furnished – Absence of cogent reasons and failure to refer the relevant factors to grant bail can persuade the appellate court to interfere with the order passed – Bail once granted, can be cancelled only under supervening circumstances or when the conduct of the accused is no longer conducive to a fair trial – On facts, the High Court not justified in exercising its jurisdiction u/s. 439(1) for grant of regular bail to respondent no. 2-student leader against whom case was registered u/ss. 376(2)(n) and 506 IPC – High Court granted bail to the respondent no. 2 on the ground of delay in lodging the FIR, without offering any plausible explanation for the same – Respondent no. 2 is involved in four criminal cases – Respondent no. 2 immediately after being released from jail, took out a procession and mounted hoardings in the city, with his photographs prominently displayed, celebrating his release – Captions tagged to his photographs on the social media highlight the superior position and power wielded by the respondent No.2 and his family in the society and its deleterious impact on the complainant – Brazen conduct of the respondent no. 2 has evoked bona-fide fear in the mind of the complainant that she would not get a free and fair trial if he remains enlarged on bail and there is a likelihood of his influencing the material witness – High Court while granting bail overlooked the relevant material bought on record – Supervening adverse circumstances also warrant cancellation of bail – Thus, the order granting bail is quashed and set aside.
Judge	Hon'ble Ms. Justice Hima Kohli
Neutral Citation	2022 INSC 514
Petitioner	Ms. P
Respondent	The State Of Madhya Pradesh And Another
SCR	[2022] 3 S.C.R. 823
Judgement Date	2022-05-05
Case Number	740

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1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
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