HARJIT SINGH versus INDERPREET SINGH @ INDER AND ANOTHER

HARJIT SINGH versus INDERPREET SINGH @ INDER AND ANOTHER

The High Court’s order granting bail was set aside because it failed to appreciate and consider the nature and gravity of the accusations, the severity of potential punishment, the supporting evidence (including allegation of hatching conspiracy from jail and phone communication), and the accused’s antecedents and history of misusing bail; this constituted non-application of mind and an improper exercise of discretion, warranting cancellation of bail and directing the accused to surrender.

Parties
Appellant: Harjit Singh; Respondent: Inderpreet Singh @ Inder; Respondent: State of Punjab
Jurisdiction
India
Judgment Date
24 August 2021
Procedural Posture
Criminal Appeal / Appeal Against High Court Order Granting Bail in CRM M No.11809/2021 (high Court of Punjab & Haryana)
Outcome
Appeal allowed in part; High Court order granting bail to respondent no.1 quashed and set aside; bail cancelled.
Legal Topics
Bail, Cancellation of Bail, Conspiracy From Custody, Antecedents and Habitual Offending
Criminal Law Procedural Law Bail Cancellation of Bail Conspiracy From Custody Antecedents and Habitual Offending

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Parties

Harjit Singh

Appellant

Inderpreet Singh @ Inder

Respondent

State of Punjab

Respondent

Procedural Posture

Criminal Appeal / Appeal Against High Court Order Granting Bail in CRM M No.11809/2021 (high Court of Punjab & Haryana)

Legal Issues

  1. 1 Whether the High Court erred in granting regular bail to the accused (respondent no.1) charged with offences including murder and criminal conspiracy where it was alleged he hatched the conspiracy from jail
  2. 2 Whether the High Court failed to consider the accused’s antecedents, prior convictions and history of misusing bail in deciding the bail application
  3. 3 Whether the nature and gravity of the offence, severity of punishment, prima facie evidence and risk of threat/tampering justified continued detention

Ratio Decidendi

The High Court’s order granting bail was set aside because it failed to appreciate and consider the nature and gravity of the accusations, the severity of potential punishment, the supporting evidence (including allegation of hatching conspiracy from jail and phone communication), and the accused’s antecedents and history of misusing bail; this constituted non-application of mind and an improper exercise of discretion, warranting cancellation of bail and directing the accused to surrender.

Court Disposition

Appeal allowed in part; High Court order granting bail to respondent no.1 quashed and set aside; bail cancelled.

Orders

  • Impugned judgment and order dated 18.03.2021 of the High Court releasing respondent no.1 on bail quashed and set aside
  • Bail granted by the High Court to respondent no.1 (Inderpreet Singh) in connection with FIR No.245 dated 21.09.2020 cancelled