Supreme Court grants bail to murder accused after two years; Notes six co-accused already released

Supreme Court: In a special leave petition filed against the judgment and order passed by the Rajasthan High Court, wherein the High Court rejected the 5th bail application filed by the accused, who was a young boy of merely 18 years of age at the time of commission of offence, the division bench of Vikram Nath and Prasanna B. Varale, JJ. while noting that the accused has been in custody for more than two years, and six accused persons have already been granted bail including the main assailant who had used the firearm weapon, released him on bail.

The accused, along with the co-accused person, were cutting branches of a tree when one of the branches mistakenly fell on the electricity line thereby causing damage to the electrical appliances installed in the nearly connecting houses. This led to some quarrels amongst the parties. An FIR was registered against the accused and 10 other accused persons by the complainant, under Sections 143, 323, 341, 336 and 302 of the Penal code, 1860 and under Section 3 and 25 of the Arms Act, 1959.

The accused submitted that the High Court while passing the impugned order failed to appreciate that upon the bare perusal of the FIR and the subsequent chargesheet submitted by the investigating agency, nothing has been brought on record by the prosecution which could even slightly hint at the involvement of the accused in the offences for which he has been held in incarceration. Only 13 out of total 32 witnesses have been examined till date and the trial is likely to take some time. That the alleged role of the accused is way trivial to that of the co-accused persons released on bail. The sole allegation against the accused is that he instigated the main accused to fire gunshots which resultantly led to the unfortunate demise of deceased.

The accused argued that the complainant had altered his statements and submitted that all the persons standing there instigated the main accused to fire gunshots and not the accused herein. The same stance was thereafter taken by all the witnesses who state that everyone standing near instigated him. Thus, no specific role could be attributed to the accused.

The Court, while noting that the accused has been in custody for more than two years, and six accused persons have already been granted bail including the main assailant who had used the firearm weapon, granted him bail.

The Court directed that the accused be released on bail, on such terms and conditions as may be imposed by the Trial Court. However, it was provided that in the event the Trial Court or the State finds that the accused who has been granted bail is delaying the trial, it will be open for them to approach this Court by way of an application to recall this order which will be entertained accordingly.

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