JAGJEET SINGH & ORS versus ASHISH MISHRA @ MONU & ANR.

JAGJEET SINGH & ORS versus ASHISH MISHRA @ MONU & ANR.

The High Court erred by denying victims a fair and effective hearing at the bail stage and by deciding on merits and irrelevant considerations (including undue emphasis on absence of firearm injuries); therefore the impugned bail order dated 10.02.2022 is set aside, bail cancelled, the accused directed to surrender, and the matter remitted to the High Court for fresh adjudication of the bail application after giving victims adequate opportunity to be heard and providing legal aid if required.

Parties
Appellants: Jagjeet Singh & Ors.; Respondent Accused: Ashish Mishra @ Monu; Respondent: State of Uttar Pradesh
Jurisdiction
India
Judgment Date
18 April 2022
Procedural Posture
Criminal Appeal / Appeal Against High Court Order Granting Bail
Outcome
Appeal allowed in part; impugned High Court order dated 10.02.2022 set aside and matter remitted to High Court for fresh bail hearing
Legal Topics
Victim's Right to Be Heard, Bail, Cancellation of Bail, Witness Protection, Investigation
Criminal Law Criminal Procedure Constitutional Law Victim's Right to Be Heard Bail Cancellation of Bail Witness Protection Investigation

Case Brief

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Parties

Jagjeet Singh & Ors.

Appellants

Ashish Mishra @ Monu

Respondent Accused

State of Uttar Pradesh

Respondent

Procedural Posture

Criminal Appeal / Appeal Against High Court Order Granting Bail

Legal Issues

  1. 1 Whether a victim as defined under Section 2(wa) Cr.P.C. is entitled to be heard at the stage of adjudication of bail application of an accused
  2. 2 Whether the High Court overlooked relevant considerations while passing the impugned order granting bail to the Respondent-Accused
  3. 3 If so, whether the High Court's order dated 10.02.2022 is palpably illegal and warrants interference by this Court

Ratio Decidendi

The High Court erred by denying victims a fair and effective hearing at the bail stage and by deciding on merits and irrelevant considerations (including undue emphasis on absence of firearm injuries); therefore the impugned bail order dated 10.02.2022 is set aside, bail cancelled, the accused directed to surrender, and the matter remitted to the High Court for fresh adjudication of the bail application after giving victims adequate opportunity to be heard and providing legal aid if required.

Court Disposition

Appeal allowed in part; impugned High Court order dated 10.02.2022 set aside and matter remitted to High Court for fresh bail hearing

Orders

  • Impugned order dated 10.02.2022 (corrected on 14.02.2022) set aside
  • Bail bonds of the respondent/accused cancelled and respondent/accused directed to surrender within one week