PRAKASH KADAM AND ETC. ETC. versus RAMPRASAD VISHWANATH GUPTA AND ANR.

Citation: [2011] 6 S.C.R. 800 · Decided: 13-05-2011 · Supreme Court of India · Bench: MARKANDEY KATJU · Disposal: Dismissed

Cited by 6 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

A 
B 
(2011] 6 S.C.R. 800 
PRAKASH KADAM AND ETC. ETC. 
v. 
RAMPRASAD VISHWANATH GUPTA AND ANR. 
(Criminal Appeal Nos.1174-1178 of 2011) 
MAY 13, 2011 
[MARKANDEY KAT JU AND GYAN SUDHA MISRA, JJ.] 
Code of Criminal procedure, 1973: 
c 
s. 439 - Bail - Allegation against accused-policemen that 
they functioned as contract killers and killed the victim-
deceased in fake encounter- Bail granted by Sessions court 
- Cancellation of bail by High Court - On appeal, held: The 
version of accused that the deceased was shot in a police 
0 
encounter was found to be false during investigation - The 
prosecution material collected during investigation prima 
facie indicated that the deceased was abducted by accused 
during the day time and was taken to the police station and 
from there he was taken to some unknown place where he was 
E shot dead - This was a very serious case wherein prima facie 
some police officers and staff were engaged by some private 
persons to kill their opponent i.e. the deceased and the police 
officers and the staff acted as contract killers for them - If such 
police officers and staff can be engaged as contract killers to 
finish some person, there may be very strong apprehension 
F 
in the mind of the witnesses about their own safety - This 
aspect was completely ignored by the Sessions Judge while 
granting bail to accused - High Court was perfectly justified 
in canceling the bail to the accused. 
G 
s.439 - Bail - Grant and cancellation - Considerations 
for - Held: It is not an absolute rule that the considerations 
for cancellation of bail is different from the consideration of 
grant of bail and it depends on the facts and circumstances 
of the case - In considering whether to cancel the bail, the 
H 
800 
PRAKASH KADAM AND ETC. ETC. v. RAMPRASAD 801 
VISHWANATH GUPTA 
Court has to consider various factors such as the gravity and A 
nature of the offence, prima facie case against the accused, 
the position and standing of the accused etc. - If there are 
very serious a/legations against the accused his bail may be 
cancelled even if he has not misused the bail granted to him 
- The said principle applies when the same Court which 
B 
granted bail is approached for canceling the bail - It will not 
apply when the order granting bail is appealed against before 
an appe/latelrevisional Court. 
Police firing: Fake encounter - Fake 'encounters' are C 
nothing but cold blooded, brutal murder by persons who are 
supposed to uphold the law - In cases where a fake encounter 
is proved against policemen in a trial, they must be given 
harsh punishment - Sentence/Sentencing. 
Rule of law: Collapse of - Effect - Held: When rule of D 
law collapses, it is replaced by law of jungle - Idea of 
Matsyanyaya-state of affairs where the big fish devours the 
smaller one as dwelt upon in ancient Indian works (such as 
Mahabharata) and by ancient Indian thinkers (Kauti/ya) -
Discussed. 
E 
The accused-appellants were the policemen 
accused of a contract killing case pending before the 
Sessions Court. They were charge sheeted for offences 
punishable under Sections 302/34, 120-B, 364134 IPC. The 
prosecution case was that the victim-deceased and 
accused no.14 were in common busi"ness and were close 
to each other. Some differences arose between them and 
F 
it was alleged that accused no.14 decided to eliminate the 
deceased in a false police encounter. For the said 
purpose, he hired the services of other accused and G 
abducted the deceased and his friend on 11.11.2006. The 
deceased and his friend were taken to the police station 
whereafter the deceased was killed and his dead body 
was thrown near Nana Nani park. The dead body, after 
sometime was collected from the said place by the police 
H 
802 
SUPREME COURT REPORTS 
[2011) 6 S.C.R. 
A to create a false case of encounter. A case was registered 
on the same day i.e. on 11.11.2006 against the deceased 
on the complaint of accused no.9. In the said FIR, it was 
shown that accused no.9 and other police officers had 
gone to Nana Nani Park on the basis of certain 
B information and the daceased was asked to surrender 
before the police and instead of surrendering, the 
deceased attempted to kill the police and in retaliation he 
was shot by them. It was also alleged that the deceased's 
friend was in custody of police for about a month. 
c 
The complainant was the brother of the deceased 
and was a practicing advocate. When he came to know 
about the incide

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