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Supreme Court Grants Bail to Appellant in Murder Case Despite Being Named in Charge-Sheet – “Mere Mention in Charge-Sheet Without Direct Involvement or Overt Act Cannot Justify Continued Custody Under Section 302 IPC and SC/ST Act”

Supreme Court Grants Bail to Appellant in Murder Case Despite Being Named in Charge-Sheet – "Mere Mention in Charge-Sheet Without Direct Involvement or Overt Act Cannot Justify Continued Custody Under Section 302 IPC and SC/ST Act"

Supreme Court Grants Bail to Appellant in Murder Case Despite Being Named in Charge-Sheet – "Mere Mention in Charge-Sheet Without Direct Involvement or Overt Act Cannot Justify Continued Custody Under Section 302 IPC and SC/ST Act"

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Court’s Decision

The Supreme Court allowed the appellant’s bail plea, setting aside the High Court’s order which had denied the same. The Court highlighted that the appellant was not named in the initial FIR and no overt act was directly attributed to him. The fact that the charge-sheet was filed and he was subsequently named was not considered sufficient to justify his continued incarceration. The Court directed the trial court to release the appellant on bail with appropriate conditions to ensure his presence during trial proceedings.

Facts

The appellant was facing trial under Section 302 read with Section 34 of the Indian Penal Code, 1860, and Sections 3(2), (5), and (6) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, for his alleged involvement in a murder case. The crime was registered following an FIR lodged on 01.08.2023 at Powai Police Station, District Brahan Mumbai City. The main accused, named in the FIR, was stated to have used a knife against the deceased. The appellant, however, was not named in the initial complaint and was arrested later.

The appellant’s plea for bail was rejected by the High Court of Bombay on 25.06.2024, leading to the present appeal before the Supreme Court. During the pendency of the appeal, the appellant had been in custody for over a year and two months.

Issues

  1. Whether the appellant’s continued detention was justified when no direct involvement or overt act was attributed to him in the FIR.
  2. Whether the mere mention of the appellant’s name in the charge-sheet, filed after the investigation, was sufficient to deny him bail.

Petitioner’s Arguments

The appellant argued that:

Respondent’s Arguments

The State argued that:

Analysis of the Law

The Court referred to principles of bail jurisprudence under Section 439 of the Cr.P.C., emphasizing that for a person not named in the FIR, without any clear overt act, continued detention might not be justified. Furthermore, the mere inclusion in the charge-sheet without corroborative evidence does not automatically disentitle an accused from bail, especially when the case lacks direct involvement in the crime.

Precedent Analysis

The Court cited judgments where the presence of an accused in a charge-sheet alone, without an overt role or specific act, was deemed insufficient to deny bail, particularly in cases where the accused was not initially named or attributed any primary responsibility.

Court’s Reasoning

The Court observed that while the charge-sheet did name the appellant, there was no direct evidence showing his active participation or involvement in the murder. The primary accused had been identified as the person who used the knife, and the appellant’s role, if any, was secondary. Additionally, considering the delay in the trial and the young age of the appellant, the Court found it appropriate to grant bail.

Conclusion

The Supreme Court allowed the appeal and directed that the appellant be released on bail, subject to conditions deemed appropriate by the trial court to ensure his presence during the proceedings. The Court also emphasized that any violation of the conditions would lead to the cancellation of bail.

Implications

The judgment reaffirms that mere mention in a charge-sheet is insufficient to justify prolonged detention when no direct evidence or overt role is established. It highlights the Court’s balanced approach in ensuring individual liberty while safeguarding trial processes.

Also Read – Patna High Court: “Judicial Orders of Civil Courts Not Amenable to Writ Jurisdiction Under Article 226.” Directs Petitioners to Convert Writ Petition into Civil Miscellaneous Petition.

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