Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Seriousness Parity Co-accused Relevant facts Bail |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Penal Code (45 of 1860) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Criminal appeal filed by appellant Jadunath Singh against the Allahabad High Court’s decision to grant bail to Arvind Kumar, Chandra Kumar @ Chandu, and Rishi Kumar, who were convicted for life imprisonment under the Indian Penal Code for offenses including murder. The incident occurred on February 11, 2011, in Village Bhogaon, where Arvind Kumar and his associates, armed with firearms, opened fire on Jadunath Singh and others, resulting in the deaths of Rajvir and Pawan Kumar, and injuries to Ravita. The accused were convicted under Sections 147, 148, 302/149, and 120B of the Indian Penal Code (IPC) and sentenced to life imprisonment. During the trial, two of the accused, Chandra Kumar and Rishi Kumar, murdered a police constable, Ajay Kumar, while in judicial custody and attempted to escape, leading to additional charges and a separate trial; Whether the High Court’s decision to grant bail was made with all relevant facts, including the accused’s subsequent criminal conduct, being presented before it; and Whether the principle of parity with other co-accused who have been granted bail is applicable in this case, given the distinct roles and additional crimes committed by Chandra Kumar and Rishi Kumar.Headnotes Bail – Appeals arising from a Common Order passed by Allahabad High Court – Appellants challenge the High Court’s order granting bail to the applicants – Applicants are “dreaded criminals” who have committed multiple murders, including the murder of Police Constable – Appellant fears if applicants are released on bail, they may conspire to harm the complainant and his family members – High Court’s decision to grant bail was made without considering all relevant facts, particularly the applicants’ subsequent criminal conduct and the ongoing trial for the murder of the police constable – The other coaccused is not part of the murder of the police constable – No interference with the bail granted to such co-accused by the High Court. [Para 12-13] |
Judge | Hon'ble Mr. Justice Vikram Nath |
Neutral Citation | 2024 INSC 325 |
Petitioner | Jadunath Singh |
Respondent | Arvind Kumar & Ors. Etc. |
SCR | [2024] 5 S.C.R. 561 |
Judgement Date | 2024-04-19 |
Case Number | 2170-2172 |
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