Ash Mohammad vs Shiv Raj Singh @ Lalla Babu & Anr

3. The facts material for adjudication of this appeal are that an FIR was lodged by the present appellant on 29.05.2011 alleging that while he was going to his in-laws’ place in village Samadia, P.S. Patwai along with Bihari Lal near canal of Milk Road from Patwai which leads to Samdia Khurd, two persons came on a motorcycle and after inquiring about the identity of Bihari Lal told him that they had been asked by Lalla Babu @ Shiv Raj Singh to compel him to accompany them. As there was resistance, they threatened to kill him and eventually made Bihari Lal sit in between them on the Hero Honda motorcycle and fled towards Patwai. The incident was witnessed by Munish and Rajbir. In quite promptitude the appellant went to the Patwai Police Station, District Rampur and lodged the FIR as a consequence of which crime No. 770 of 2011 was registered for offences punishable under Section 364 and 506 of the IPC. On the basis of the FIR the criminal law was set in motion and the accused was arrested and taken into custody.

18. We have referred to the above authorities solely for the purpose of reiterating two conceptual principles, namely, factors that are to be taken into consideration while exercising power of admitting an accused to bail when offences are of serious nature, and the distinction between cancellation of bail because of supervening circumstances and exercise of jurisdiction in nullifying an order granting bail in an appeal when the bail order is assailed on the ground that the same is perverse or based on irrelevant considerations or founded on non-consideration of the factors which are relevant.

32. We may usefully state that when the citizens are scared to lead a peaceful life and this kind of offences usher in an impediment in establishment of orderly society, the duty of the court becomes more pronounced and the burden is heavy. There should have been proper analysis of the criminal antecedents. Needless to say, imposition of conditions is subsequent to the order admitting an accused to bail. The question should be posed whether the accused deserves to be enlarged on bail or not and only thereafter issue of imposing conditions would arise. We do not deny for a moment that period of custody is a relevant factor but simultaneously the totality of circumstances and the criminal antecedents are also to be weighed. They are to be weighed in the scale of collective cry and desire. The societal concern has to be kept in view in juxtaposition of individual liberty. Regard being had to the said parameter we are inclined to think that the social concern in the case at hand deserves to be given priority over lifting the restriction of liberty of the accused.

33. In the present context the period of custody of seven months, in our considered opinion, melts into insignificance. We repeat at the cost of repetition that granting of bail is a matter of discretion for the High Court and this Court is slow to interfere with such orders. But regard being had to the antecedents of the accused which is also a factor to be taken into consideration as per the pronouncements of this Court and the nature of the crime committed and the confinement of the victim for eight days, we are disposed to interfere with the order impugned.

34. We may note with profit that it is not an appeal for cancellation of bail as cancellation is not sought because of supervening circumstances. The present one is basically an appeal challenging grant of bail where the High Court has failed to take into consideration the relevant material factors which make the order perverse.

35. Consequently, the order passed by the High Court is set aside and the bail bonds of the accused are cancelled. The accused is directed to surrender to custody forthwith failing which it shall be the duty of the investigating agency to take him to custody immediately. We may hasten to clarify that anything that has been stated here are only to be read and understood for the purpose of annulment of the order of grant of bail and they would have no bearing whatsoever on trial.

36. The appeal is, accordingly, allowed.

September 20, 2012.