Simplified Explanation of the Judgment
The Patna High Court, in its order dated 10 February 2021, intervened suo motu to cancel the bail granted by the Chief Judicial Magistrate (CJM), Motihari, in a serious murder case. The case arose from Turkauliya P.S. Case No. 725 of 2020, which was registered for offences under Sections 302/34, 120B of the Indian Penal Code, and Section 27 of the Arms Act.
The background of the case was as follows: on 10 October 2020, around 6:00 a.m., the informant’s brother, Manoj Singh, was shot dead in East Champaran by motorcycle-borne assailants. The FIR alleged that four men came on two motorcycles and fired upon the deceased in a pre-planned manner. The informant, who was walking nearby, claimed to have seen the culprits and later identified them.
During investigation, the name of one accused (Opposite Party No. 2) emerged, and he was arrested in another case under the Arms Act. He was then remanded to custody in connection with this murder case. Later, on 7 December 2020, the CJM granted him bail, holding that there was no direct evidence of his involvement and that he was not specifically named in the FIR.
This order of bail came to the notice of the High Court through its administrative side. The Court then exercised its powers under Sections 397 and 401 of the Cr.P.C., which empower the High Court to call for records and examine the correctness, legality, or propriety of orders passed by subordinate courts.
The Additional Public Prosecutor for the State argued that the CJM’s order was perverse and contrary to Section 437 Cr.P.C., which bars Magistrates from granting bail in cases punishable with death or life imprisonment, except in very limited circumstances (such as the accused being a minor, woman, or infirm). The prosecution also pointed out that the case diary contained ample material showing the accused’s complicity. He was allegedly in touch with the shooters, providing them information about the deceased’s whereabouts, and was sent back to confirm whether the victim had died after being shot.
On the other side, the defence argued that there was no direct evidence against the accused, that the FIR was delayed by 34 hours, and that he was not named in the FIR. The defence relied on previous High Court decisions to argue that suspicion alone is not enough to deny bail.
The High Court, after examining the case diary and the order of the CJM, found major irregularities:
- No bail application appeared on record on 26.11.2020, yet the CJM recorded that the bail plea was filed that day and pressed on 7.12.2020.
- The CJM ignored the mandatory requirement under Section 437(1)(i) Cr.P.C. that bail must be denied if there are reasonable grounds to believe the accused was guilty of an offence punishable with death or life imprisonment.
- The CJM failed to give due weight to the prosecution’s strong opposition and to the incriminating material available in the case diary.
The Court relied on several Supreme Court precedents, including Prahlad Kumar Bhati v. NCT of Delhi (2001), Puran v. Rambilas (2001), and Ram Govind Upadhyay v. Sudarshan Singh (2002), which stress that bail orders in heinous offences must be passed with great caution and proper reasoning.
The High Court concluded that the CJM had acted without jurisdiction and had committed a serious error in law by granting bail in a murder case punishable with death or life imprisonment. It therefore set aside the bail order of 7 December 2020 and directed that the accused be taken back into custody.
Significance or Implication of the Judgment
- The judgment reinforces that Magistrates have limited powers to grant bail in heinous crimes like murder. Unless special circumstances exist, such bail applications must be heard by Sessions Courts or the High Court.
- It sends a strong message that perverse or casual bail orders in murder cases will not be tolerated and that the High Court will intervene suo motu to ensure justice.
- The ruling protects the integrity of the criminal justice process and reassures victims’ families that the system will not allow offenders to walk free on technical lapses.
- For the State, the decision strengthens prosecutorial efforts in serious cases by closing the door on improper grants of bail.
Legal Issue(s) Decided and the Court’s Decision with Reasoning
- Can a Magistrate grant bail in a murder case punishable with death or life imprisonment?
- Decision: No, unless the case falls under exceptions (minor, woman, infirm). Otherwise, the Magistrate has no jurisdiction.
- Was the CJM’s order granting bail legally valid?
- Decision: No. It was perverse, based on non-existent records, and ignored statutory provisions under Section 437 Cr.P.C.
- Did the case diary show prima facie complicity of the accused?
- Decision: Yes. The diary indicated his role in conspiracy and active participation.
- Relief Granted: The High Court cancelled the bail order dated 07.12.2020 and ordered the accused back into custody.
Judgments Referred by Parties
- Dinesh Parwat v. State of Bihar, 2007 (4) PLJR 62 – relied on by defence.
Judgments Relied Upon or Cited by Court
- Prahlad Kumar Bhati v. NCT of Delhi, 2001 (2) PLJR SC 205
- Puran v. Rambilas, (2001) 6 SCC 338
- Ram Govind Upadhyay v. Sudarshan Singh, (2002) 3 SCC 598
- Prasanta Kumar Sarkar v. Ashis Chatterjee, (2010) 14 SCC 496
- Gurcharan Singh v. State (Delhi Admn.), (1978) 1 SCC 118
- Deepak Subhashchandra Mehta v. CBI, 2012 (2) PLJR (SC) 136
- Kalyan Chandra Sarkar v. Rajesh Ranjan @ Pappu Yadav, SC
Case Title
Suo Motu v. State of Bihar & Anr.
Case Number
Criminal Revision No. 2 of 2021 (arising out of Turkauliya P.S. Case No. 725/2020)
Citation(s)
2021(2) PLJR 167
Coram and Names of Judges
Hon’ble Mr. Justice Ashwani Kumar Singh
Names of Advocates and who they appeared for
- For the State: Mr. Ajay Mishra, Additional Public Prosecutor
- For Opposite Party No. 2: Mr. Rajesh Ranjan, Advocate
Link to Judgment
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