MUNILAKSHMI versus NARENDRA BABU & ANR.

MUNILAKSHMI versus NARENDRA BABU & ANR.

Given the proximate temporal link between grant of bail and the abrupt retraction/hostility of the most crucial family witnesses within about 20 days of their examination-in-chief, there were prima facie cogent and overwhelming circumstances indicating misuse of the concession of bail; accordingly the High Court order granting regular bail to Respondent No.1 was set aside, his bail cancelled, he was directed to surrender and remain in custody until conclusion of trial (or till further order), and the Trial Court was directed to recall PW-1, PW-4 and PW-5 for further cross-examination with directions for police protection and investigation into threats or inducements.

Parties
Appellant (mother of the Deceased): Munilakshmi; Respondent No.1 (accused): Narendra Babu
Jurisdiction
India
Judgment Date
20 October 2023
Procedural Posture
Criminal Appeal / Appeal Against High Court Order Granting Bail
Outcome
Appeal allowed; impugned High Court order dated 12.08.2020 set aside; bail of Respondent No.1 cancelled
Legal Topics
Bail and Cancellation of Bail, Misuse of Concession of Bail, Recall of Witnesses Under Section 311 Cr PC and Article 142, Witness Tampering and Protection, Fair Trial
Criminal Law Constitutional Law Procedural Law Evidence Bail and Cancellation of Bail Misuse of Concession of Bail Recall of Witnesses Under Section 311 Cr PC and Article 142 Witness Tampering and Protection +1 more

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Parties

Munilakshmi

Appellant (mother of the Deceased)

Narendra Babu

Respondent No.1 (accused)

Procedural Posture

Criminal Appeal / Appeal Against High Court Order Granting Bail

Legal Issues

  1. 1 Whether bail granted to Respondent No.1 should be cancelled in view of events subsequent to grant of bail
  2. 2 Whether the Court should recall key prosecution witnesses under Section 311 CrPC and Article 142 for further cross-examination
  3. 3 Whether there is prima facie misuse of concession of bail by influencing witnesses or tampering with evidence

Ratio Decidendi

Given the proximate temporal link between grant of bail and the abrupt retraction/hostility of the most crucial family witnesses within about 20 days of their examination-in-chief, there were prima facie cogent and overwhelming circumstances indicating misuse of the concession of bail; accordingly the High Court order granting regular bail to Respondent No.1 was set aside, his bail cancelled, he was directed to surrender and remain in custody until conclusion of trial (or till further order), and the Trial Court was directed to recall PW-1, PW-4 and PW-5 for further cross-examination with directions for police protection and investigation into threats or inducements.

Court Disposition

Appeal allowed; impugned High Court order dated 12.08.2020 set aside; bail of Respondent No.1 cancelled

Orders

  • Impugned order dated 12.08.2020 set aside and bail granted to Respondent No.1 cancelled
  • Respondent No.1 directed to surrender within one week and remain in custody till conclusion of trial or till further order of this Court