Legal provisions involved: Section 319, 437 and 439 of the Code of Criminal Procedure, 1973; Sections 147, 148, 149 and 302 of the Indian Penal Code, 1860; and provisions of the Arms Act, 1959.
Judgement by: Supreme Court of India
Judge/Bench: Justice J.B. Pardiwala and Justice K.V. Viswanathan
Facts
This case relates to a murder FIR registered in 2018. At first, the police filed the chargesheet against only three people and dropped six others. During the trial, family members of the deceased gave statements saying that all nine persons were involved. Based on this, the trial court summoned three of the earlier dropped accused, including Md Imran, under Section 319 CrPC. Md Imran was arrested and his bail was rejected. At the same time, two other summoned accused were given anticipatory bail by the High Court.
Key legal provision
Section 319, 437 and 439 of the Code of Criminal Procedure, 1973
Sections 147, 148, 149 and 302 of the Indian Penal Code, 1860
Issues raised
Whether Md Imran should be given regular bail and whether the anticipatory bail of the other two accused should be cancelled?
Arguments of the case
Md Imran argued that there was no strong evidence against him and that the other accused in the same position were already on bail. The State argued that being summoned under Section 319 is serious and bail should not be granted easily.
Judgement
The Supreme Court granted bail to Md Imran and refused to cancel the bail of the other two accused. The court said that bail for a person summoned under Section 319 should be denied only when there is strong and clear evidence. Parity with co-accused is also important.
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