MS. P versus THE STATE OF MADHYA PRADESH AND ANOTHER

Citation: [2022] 3 S.C.R. 823 · Decided: 05-05-2022 · Supreme Court of India · Bench: N.V. RAMANA · Disposal: Appeal(s) allowed
Cited by 3 judgment(s) · cites 14 · see the full citation network in Lexace
Open in Lexace · Ask the AI about this case
Judgment (excerpt)

A
B
C
D
E
F
G
H
823
Ms. P
v.
THE STATE OF MADHYA PRADESH AND ANOTHER
(Civil Appeal No. 740 of 2022)
MAY 5, 2022
[N. V. RAMANA CJI, KRISHNA MURARI AND
HIMA KOHLI, JJ.]
Code of Criminal Procedure, 1973: s. 439 – Special powers
of High Courts and Courts of Sessions regarding bail – Exercise of
– Held: High Court or the Sessions Court have wide discretion u/s.
439(1) however, it must be exercised after due application of the
judicial mind and not in a routine manner – Liberty of the individual
has been placed on the high pedestal however, the reasons for
granting bail should be furnished – Absence of cogent reasons and
failure to refer the relevant factors to grant bail can persuade the
appellate court to interfere with the order passed – Bail once
granted, can be cancelled only under supervening circumstances
or when the conduct of the accused is no longer conducive to a fair
trial – On facts, the High Court not justified in exercising its
jurisdiction u/s. 439(1) for grant of regular bail to respondent no.
2-student leader against whom case was registered u/ss. 376(2)(n)
and 506 IPC – High Court granted bail to the respondent no. 2 on
the ground of delay in lodging the FIR, without offering any
plausible explanation for the same – Respondent no. 2 is involved
in four criminal cases – Respondent no. 2 immediately after being
released from jail, took out a procession and mounted hoardings in
the city, with his photographs prominently displayed, celebrating
his release – Captions tagged to his photographs on the social media
highlight the superior position and power wielded by the respondent
No.2 and his family in the society and its deleterious impact on the
complainant – Brazen conduct of the respondent no. 2 has evoked
bona-fide fear in the mind of the complainant that she would not
get a free and fair trial if he remains enlarged on bail and there is a
likelihood of his influencing the material witness – High Court while
granting bail overlooked the relevant material bought on record –
Supervening adverse circumstances also warrant cancellation of
bail – Thus, the order granting bail is quashed and set aside.
[2022] 3 S.C.R. 823
823
A
B
C
D
E
F
G
H
824
SUPREME COURT REPORTS
[2022] 3 S.C.R.
Ram Govind Upadhyay v. Sudarshan Singh and Others
(2002) 3 SCC 598 : [2002] (2) SCR 526; Prahlad Singh
Bhati v. NCT, Delhi and Another (2001) 4 SCC 280 :
[2001] 2 SCR 684; Chaman Lal v. State of U.P. and
Another (2004) 7 SCC 525 : [2004] 3 Suppl. SCR 584;
Kalyan Chandra Sarkar v. Rajesh Ranjan Alias Pappu
Yadav and Another (2004) 7 SCC 528; Puran v.
Rambilas and Another (2001) 6 SCC 338 : [2001] 3
SCR 432; Prasanta Kumar Sarkar v. Ashis Chatterjee
and Another (2010) 14 SCC 496 : [2010] 12 SCR 1165;
Kalyan Chandra Sarkar v. Rajesh Ranjan Alias Pappu
Yadav and Another (2004) 7 SCC 528; Narendra K.
Amin (Dr.) v. State of Gujarat and Another (2008) 13
SCC 
584 
: 
[2008] 
6 
SCR 
1149; 
Dipak
Shubhashchandra Mehta v. Central Bureau of
Investigation and Another (2012) 4 SCC 134 : [2012]
3 SCR 278; Abdul Basit Alias Raju and Others v. Mohd.
Abdul Kadir Chaudhary and Another (2014) 10 SCC
754 : [2014] 10 SCR 571; Neeru Yadav v. State of Uttar
Pradesh and Another (2014) 16 SCC 508 : [2014] 12
SCR 453; Anil Kumar Yadav v. State (NCT of Delhi)
and Another (2018) 12 SCC 129 : [2017] 11 SCR 195;
Mahipal v. Rajesh Kumar alias Polia and Another
(2020) 2 SCC 118 : [2019] 14 SCR 529; Jagjeet Singh
and Others v. Ashish Mishra alias Monu and Another
(2022) SCC online SC 453; Masroor v. State of Uttar
Pradesh and Another (2009) 14 SCC 286 : [2009] 6
SCR 1030; Ash Mohammad v. Shiv Raj Singh Alias Lalla
Babu and Another (2012) 9 SCC 446 : [2012] 7 SCR
584; Dolat Ram and Others v. State of Haryana (1995)
1 SCC 349 : [1994] 6 Suppl. SCR 69; Prakash Kadam
and Others v. Ramprasad Vishwanath Gupta and
Another (2011) 6 SCC 189 : [2011] 6 SCR 800; Ranjit
Singh v. State of Madhya Pradesh And Others (2013)
16 SCC 797 : [2013] 11 SCR 273; Abdul Basit alias
Raju and Others v. Mohd. Abdul Kadir Chaudhary and
Another (2014) 10 SCC 754 : [2014] 10 SCR 571;
Imran v. Mohammed Bhava and Another (2022) SCC
OnLine SC 496; Daulat Ram and Others vs. State of
A
B
C
D
E
F
G
H
825
Haryana (1995) 1 SCC 349 : [1994] 6 Suppl. SCR 69;
Ms. Y v. State of Rajasthan and Anr. Crliminal Appeal
No. 649 of 2022 – referred to.
Case Law Reference
[2002] 2 SCR 526
referred to
Para 13
[2001] 2 SCR 684
referred to
Para 13
[2004] 3 Suppl. SCR 584
referred to
Para 14
(2004) 7 SCC 528
referred to
Excerpt shown. Read the full judgment & AI analysis in Lexace.