STATE OF MAHARASHTRAversusSITARAM POPAT VETAL AND ANR.

A                       ST ATE OF MAHARASHTRA
                                   v.
                    SITARAM POPAT VETAL AND ANR.

                               AUGUST 23, 2004

B               [ARJJIT PASAYAT AND C.K. THAKKER, JJ.]

         Code of Criminal Procedure, 1973 :

         Bail-Grant of-High Court granted bail to accused on ground of
  false Implication due to political rivalry-On appeal, field : Before
C granting bail to accused of serious offences, the Court should satisfy itself
   that on the basis of evidence, Prima facie case could not be made out
   against him-However, conclusive findings on merits/demerits not
  ~ecessary-Though criminal antecedents not necessarily determinative of
   question of grant of bail to accused, yet their relevance cannot be totally
D ignored-Facts relating to recovery of weapons/identification of accused
   in the Identification Parade/relevancy of criminal antecedents ignored by
   High Court before granting bail-Findings uf High Court based on
   surmises without any material in support thereto Grant of bail not
  justified-Hence order of High Court set aside.

E         Respondents allegedly attacked the deceased, who succumbed to
    the injuries. An FIR was lodged against the Respondents. They were
    arrested and charge-sheet was filed by the Police against them for
    committing offences punishable under Section 302 IPC. Respondents
    filed bail applications. High Court granted them bail on the ground
F   that they were falsely implicated on account of political rivalry. Hence
    the present appeal.

         It was contended for the appellant-State that High Court granted
    the bail without appreciating the gravity of the offences and the
    criminal antecedents of the accused; and that since grant of bail they
G   have been indulging in serious offences and not attending the Court
    regularly.

         Allowing the appeal, the Court

         HELD : 1.1. While granting bail, Courts have to indicate in the
H order, reasons for prima facie concluding why bail was being granted
                                       696
                        STATE v. S. P. VETAL                      697

particularly where an accused was charged of having committed a A
serious offence. It is necessary for the Courts dealing with application
for bail to consider among other circumstances, the following factors
also before granting bail :

     1. The nature of accusation and the severity of punishment in case B
of conviction and the nature of supporting evidence;

     2. Reasonable apprehension of tampering or the witness or.
apprehension of threat to the complainant;

     3. Prima facie satisfaction of the Court in support of the charge. C

    Any order de hors of such reasons suffers from non-application
of mind. (699-G-H; 700-A-B]

     Ram Govind Upadhyay v. Sudarshan Singh & Ors., [2002] 3 SCC D
598; Puran Etc. v. Rambilas & Anr. Etc. (2001] 6 SCC 338 and Kalyan
Chandra Sarkar v. Rajesh Ranjan alias Pappu Yadav & Anr., JT (2004)
3 SC 442, referred to.

     1.2. Though a conclusive finding in regard to the points urged by E
the parties is not expected of the Court considering the bail application,
yet giving reasons is different from discussing merits or demerits. But
at the stage of granting bail a detailed examination of evidence and
elaborate documentation of the merits of the case need not be
undertaken. (700-C-D]
                                                                        F
      1.3. The High Court has lightly brushed aside the factum of
recovery of the weapons and identification of the accused at the test
identification parade. It arrived at the conclusion, which was based on
surmises without any material before it to show that a false case had
been foisted beca.i1se of political rivalry. The antecedents of the G
respondents though noticed, were lightly brushed aside by it on the
ground that they were not of recent past. Even though criminal
antecedents are always not determinative of the question whether bail
is to be granted, yet their relevance cannot be totally ignored. Since
the grant of bail to the respondents does not appear to be in order, the H
    698                  SUPREME COURT REPORTS [2004] SUPP. 3 S.C.R.

A order of the High Court is set aside. (700-E-F-G)

         1.4. If the accused is not appearing in Court on the date fixed, it is
    open to the trial Court to take such action as available in law. [700-F]

B       CRIMINAL APPELLATE JURISDICTION : Criminal Appeal No.
    921 of 2004.

         From the Judgment and Order dated 25.2.2003 of the Bombay High
    Court in Crl. Application No. 411 of 2003.

C         Ravindra Keshavrao Adsure for the Appellant.

          Shivaji M. Jadhav for the Respondents.

          The Judgment of the Court was delivered by
D
          ARIJIT PASA YAT, J.: Leave Granted.

         The State of Maharashtra calls in question legality of the order passed
    by a learned Single Judge of the Bombay High Court granting bail to
E   respondents (hereinafter referred to as the 'accused').

         Background facts necessary for disposal of the appeal are essentially
    as follows :

          On 20.11.2000 one Hanumant Vithal Chaudhary (hereinafter referred
F   to as the 'deceased') met homicidal death due to attack by several persons.
    The law was set into motion against six persons including the respondents.
    Though they were specifically named in the first information report
    implicating them as accused, they could not be arrested till 3.5.2002 and
    20.5.2002 respectively allegedly on the ground that they had absconded.
G   After they were arrested, test identification parade was conducted where
    they were identified. Charge-sheet has been filed indicating commission
    of offences punishable under Section 302 of the Penal Code, 1860 (in short
    the '!PC'). While the matter stood thus the respondents filed an application
    for bail before the Bombay High Court which by the impugned judgment
H   accepted the prayer for bail, primarily on the ground that charge-sheet was
                 STATE v. S. P. VETAL (PASAYAT, J.]                    699

filed and though both had criminal antecedents, the cases related to 1991, A
1993 and 1996 and are not of recent past. The High Court felt that though
a political rivalry has a double edged effect, the applicants were to be
released on bail as they pleaded that on account of political rivalry they
have been falsely implicated. Though it is not very clear from the order
as to what stands were taken by the applicants for bail and the State it B
appears that accused person pleaded that in a dark night the 'alleged
occurrence took place and no bloodstains were found on the weapons
seized and that on account of political rivalry they have been falsely
implicated. State appears to have contended that charge sheet has been frled
and that accused persons were involved in serious crimes in the past. C
Unfortunately, the order does not even show these factors clearly.

      Learned counsel for the appellant-State submitted that the High Court
has by practically a non-reasoned order granted bail without appreciating
the gravity of the offences and the criminal antecedents. It was pointed out
that subsequently also the present respondents were involved in D
cases involving offences under Section 302, 364, 20 I read with
Section 34 of IPC and a case under Section 3(1)(4) of the Maharashtra
Control of Organised Crime act, 1999 (in short the 'Act'). It was further
pointed out that one of the accused Sitaram Veta! was not attending the
Court regularly and for the last "three preceding dates he had not appeared E
before the Court.

      Learned counsel for the respondents submitted that the order granting
bail was passed long back and merely because certain allegations have been
made that does not prove the accused to be guilty as false cases have been
foisted because of political rivalry and, therefore, the subsequent cases     F
have no relevance.

        There is a need to indicate in the order, reasons for prima facie
  concluding why bail was being granted particularly where an accused
  was charged of having committed a serious offence. It is necessary for G
  the courts dealing with application for bail to consider among
· other circumstances, the following factors also before granting bail, they
  are :

     I. The nature of accusation and the severity of punishment in case
of conviction and the nature of supporting evidence;                    H
    700                    SUPREME COURT REPORTS (2004] SUPP. 3 S.C.R.

A        2. Reasonable apprehension of tampering of the witness or
    apprehension of threat to the complainant;

          3. Prima facie satisfaction of the Court in support of the charge.

         Any order de hors of such reasons suffers from non-application of
B   mind as was noted by this Court, in Ram Govind Upadhyay v. Sudarshan
    Singh and Ors., [2002] 3 SCC 598, Puran Etc. v. Rambilas and Anr. Etc.
    [2000] 6 SCC 388 and in Kalyan Chandra Sarkar v. Rajesh Ranjan alias
    Pappu Yadav & Anr., JT (2004) 3 SC 442.

C         Though a conclusive finding in regard to the points urged by the
    parties is not expected of the Court considering the bail application, yet
    giving reasons is different from discussing merits or demerits. As noted
    above, at the stage of granting bail a detailed examination of evidence and
    elaborate documentation of the merits of the case has not to be undertaken.
D   But that does not mean that while granting bail some reasons for prima
    facie concluding why bail was being granted is not required to be indicated.

           The High Court has lightly brushed aside the factum of recovery of
    the weapons and identification at the test identification parade. Its conclusion
    that political rivalry has a double edged effect was based on surmises
E   without any material before it to show that a false case had been foisted
    because of political rivalry. Further the antecedents of the present respondents
    though noticed were also lightly brushed aside on the ground that they were
    not of a recent past. Even though criminal antecedents are always not
    determinative of the question whether bail is to be granted yet their
F   relevance cannot be totally ignored. It was submitted that the accused
    Sitaram Veta] is not appearing in Court on the date fixed. If that is really
    so, it is open to the trial Court to take such action as is available to be taken
    in law.

          Looked at from the above angle, the grant of bail to the respondents
G does not appear to be in order. Accordingly, the order of the High Court
    granting bail to the respondents is set aside. The appeal is allowed.

    S.K.S.                                                        Appeal allowed.