LexCENTRAL BUREAU OF INVESTIGATION versus SEKH JAMIR HOSSAIN AND ORS.
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[2025] 5 S.C.R. 1014 : 2025 INSC 788 Central Bureau of Investigation v. Sekh Jamir Hossain and Ors. (Criminal Appeal No. 2880 of 2025) 29 May 2025 [Vikram Nath and Sandeep Mehta,* JJ.] Issue for Consideration The respondents herein were granted bail by the High Court for the offences punishable u/ss.143, 144, 147, 148, 149, 427, 326, 376 r/w ss.511 and 34 of IPC, 1860. Headnotes† Bail – After the results of Assembly elections in the State of West Bengal, a gang of miscreants attacked the house of complainant – Assailants vandalized and looted the house of complainant – The wife of complainant was molested – Local police refused to lodge FIR and advised complainant to leave the village – Numerous incidents with like allegations took place in the State after the elections – The High Court directed CBI to investigate all the cases where the allegations of murder, rape or crime against women were involved – FIR was registered – Respondents-accused were arrested – However, the High Court granted bail – Correctness: Held: Allegations against the accused respondents are so grave that the same shake the conscience of the Court – Furthermore, there is an imminent propensity of the accused persons adversely affecting the proceedings of the trial – The concerted attack on the complainant’s house was launched on the day of election results with the sole objective of wreaking vengeance because he had supported the saffron party – There is prima facie material to establish that the accused persons formed an unlawful assembly and launched a concerted attack on the house of the complainant vandalising the same and looting away the household articles – The complainant’s wife was viciously pulled by the hair and was disrobed – The accused persons were about to assault her sexually * Author [2025] 5 S.C.R. 1015 Central Bureau of Investigation v. Sekh Jamir Hossain and Ors. when the lady gathered courage to pour kerosene on her body and gave a threat of self-immolation on which the accused persons including the respondents herein fled away from the complainant’s house – The charge-sheet has been filed way back in the year 2022 and till date, the trial has not budged an inch – The prosecution has alleged that this delay is mostly attributable to non-cooperation by the accused persons including the respondents herein which fact is palpably established from record – Therefore, there is no possibility of a fair and impartial trial being conducted, if the accused respondents are allowed to remain on bail – Thus, on both counts, i.e., (i) the nature and gravity of the offence which is nothing short of an attack on the roots of democracy and (ii) the imminent likelihood of the accused adversely affecting a fair trial, the bail granted to the accused respondents has to be cancelled – Impugned orders reversed – Bail cancelled – Trial court directed to expedite the trial. [Paras 14, 17-22] Bail – Considerations for grant of bail vis-à-vis cancellation thereof – Entirely different – Discussed. [Para 13] List of Acts Penal Code, 1860. List of Keywords Assembly elections of West Bengal; Ruling dispensation; Vandalising property; Crime against women; Terrorize the members of the opposite political party; Grave attack on the roots of democracy; Refusal to lodge FIR; CBI investigation; Accused adversely affecting a fair trial; Cancellation of bail. Case Arising From CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No. 2880 of 2025 From the Judgment and Order dated 24.01.2023 of the High Court at Calcutta in CRM(DB) No. 56 of 2023 With Criminal Appeal No. 2881 of 2025 1016 [2025] 5 S.C.R. Supreme Court Reports Appearances for Parties Advs. for the Appellant: Vikramjeet Banerjee, A.S.G., Mukesh Kumar Maroria, Ms. Srishti Mishra, Abhishek Singh, Shubhendu Anand, Veer Vikrant Singh, Raman Yadav. Advs. for the Respondents: S. Hariharan, Ms. Bhavana Duhoon. Judgment / Order of the Supreme Court Judgment Mehta, J. 1. Heard. 2. Leave granted. 3. These two appeals take exception to the orders dated 24th January, 2023 and 13th April, 2023 passed by the learned Division Bench of High Court at Calcutta1 whereby the respondents in both the appeals were granted bail in connection with FIR bearing No. RC0562021S0051 dated 16th December, 2021 registered at CBI/SCB/Kolkata Police Station for the offences punishable under Sections 143, 144, 147, 148, 149, 427, 326, 376 read with 511 and 34 of Indian Penal Cod
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