Supreme Court: In a review petition against order dated 24-08-2024 in XXX v. State (UT of Andaman & Nicobar Islands, 2023 SCC OnLine SC 1062, upholding Calcutta High Court’s decision granting bail to Jitendra Narain, Former Chief Secretary of Andaman and Nicobar Islands and other co-accused persons for offences under Sections 376-D, 228-A, 506 and 120 of Penal Code, 1860 (‘IPC’), the Division Bench of Vikram Nath and Ahsanuddin Amanullah, JJ. dismissed the same holding that the impugned order did not suffer from any error warranting reconsideration.
The Court on perusal of the review petition, concluded that it deserved to be dismissed.
Jitendra Narain was implicated in offences punishable under Sections 376 (C), 376 (D), 201, 506, 120 (B) of IPC along with three others. The alleged occurrence took place while he was serving as Chief Secretary. It was alleged that the victim was in search for job and had approached him for the same, and that she was gang raped by Narain and other co-accused persons. The FIR was filed after lapse of about seven months, after Narain was transferred to Delhi. Narain is under suspension after being taken to custody in the matter at hand.
The High Court in Jitendra Narain v. State, 2023 SCC OnLine Cal 2958, while Narain was in custody for 110 days said that various pleas raised by him could materially affect the trial. Noting that he is an IAS officer already transferred to Delhi, and that some stringent conditions may restrict him from influencing any witness in the Islands. Further, the High Court said that being in service, there would be no chance of him absconding. Hence, the Court granted him bail and other co-accused with certain conditions restricting visits to the Andaman & Nicobar Islands, no contact with Island officials, no threats, etc.
In challenge to High Court’s aforementioned decision granting bail to Jitendra Narain, the same bench refused to interfere with the impugned order but modified the conditions for grant of bail. The Court viewed that the High Court neither dealt with the real issue, nor indicated reasons which were germane and called for consideration regarding grant or rejection of bail.
However, to preserve the ‘interest of justice’, the Court imposed additional conditions for bail granted to Narain and other accused persons:
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Trial to proceed expeditiously without any undue adjournment;
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Accused to render full cooperation in the trial;
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Accused not to leave the territory of India;
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To submit his passport to the Trial Court and in case of more than one passport, the other passport also be deposited with the trial court.
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