Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal procedure |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Criminal Procedure, 1973 (2 of 1974) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Code of Criminal procedure, 1973:s. 439 - Bail - Allegation against accused-policemen that they functioned as contract killers and killed the victim- deceased in fake encounter- Bail granted by Sessions court - Cancellation of bail by High Court - On appeal, held: The version of accused that the deceased was shot in a police encounter was found to be false during investigation - The prosecution material collected during investigation prima facie indicated that the deceased was abducted by accused during the day time and was taken to the police station and from there he was taken to some unknown place where he was shot dead - This was a very serious case wherein prima facie some police officers and staff were engaged by some private persons to kill their opponent i.e. the deceased and the police officers and the staff acted as contract killers for them - If such police officers and staff can be engaged as contract killers to finish some person, there may be very strong apprehension in the mind of the witnesses about their own safety - This aspect was completely ignored by the Sessions Judge while granting bail to accused - High Court was perfectly justified in cancelling the bail to the accused. s.439 - Bail - Grant and cancellation - Considerations for - Held: It is not an absolute rule that the considerations for cancellation of bail is different from the consideration of grant of bail and it depends on the facts and circumstances of the case - In considering whether to cancel the bail, the Court has to consider various factors such as the gravity and nature of the offence, prima facie case against the accused, the position and standing of the accused etc. - If there are very serious a/legations against the accused his bail may be cancelled even if he has not misused the bail granted to him - The said principle applies when the same Court which granted bail is approached for cancelling the bail - It will not apply when the order granting bail is appealed against before an appellate /revisional Court. Police firing: Fake encounter - Fake 'encounters' are nothing but cold blooded, brutal murder by persons who are supposed to uphold the law - In cases where a fake encounter is proved against policemen in a trial, they must be given harsh punishment - Sentence/Sentencing. Rule of law: Collapse of - Effect - Held: When rule of law collapses, it is replaced by law of jungle - Idea of Matsyanyaya-state of affairs where the big fish devours the smaller one as dwelt upon in ancient Indian works (such as Mahabharata) and by ancient Indian thinkers (Kautilya) - Discussed. |
Judge | Hon'ble Mr. Justice Markandey Katju |
Neutral Citation | 2011 INSC 396 |
Petitioner | Prakash Kadam And Etc. Etc. |
Respondent | Ramprasad Vishwanath Gupta And Anr. |
SCR | [2011] 6 S.C.R. 800 |
Judgement Date | 2011-05-13 |
Case Number | 1174 |
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