JAGJEET SINGH & Ors. v. ASHISH MISHRA @ MONU & Anr.
Case at a glance
Outcome
Disposed of
The appeal is disposed of in the above terms
Provisions considered
- Code of Criminal Procedure, 1973 ss. 2(wa), 372, 439
- Indian Penal Code, 1860 ss. 34, 120B, 147, 302, 323, 324, 336
- Arms Act, 1959 ss. 3, 25, 30
- Victims of Crime Act, 1984
- South Australia Victims of Crime Act, 2001
- Indian Evidence Act, 1872
- Scheduled Cast and Scheduled Tribes (Prevention of Atrocities) Act, 1989
- Unlawful Activities (Prevention) Act, 1967
- Constitution of India art. 21
Judgment
This Court is tasked with ensuring that neither the right of an accused to seek bail pending trial is expropriated, nor the ‘victim’ or the State are denuded of their right to oppose such a prayer. In a situation like this, and with a view to balance the competing rights, this Court has been invariably remanding the matter(s) back to the High Court for a fresh consideration. The ends of justice would be adequately met by remitting this case to the High Court for a fresh adjudication of the bail application of the Respondent-accused, in a fair, impartial and dispassionate manner. The bail application shall be decided on merits and after giving adequate opportunity of hearing to the victims as well. If the victims are unable to engage the services of a private counsel, it shall be obligatory upon the High Court to provide them a legal aid counsel with adequate experience in criminal law, at the State’s expense. [Paras 43, 44][554-C-F]
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: The appeal is disposed of in the above terms
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — ss. 2(wa), 372, 439; Indian Penal Code, 1860 — ss. 34, 120B, 147, 302, 323, 324, 336; Arms Act, 1959 — ss. 3, 25, 30; Victims of Crime Act, 1984; South Australia Victims of Crime Act, 2001; Indian Evidence Act, 1872.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.