'What Kind Of Order?' : Supreme Court Questions HC For Deferring Release Of Accused By 6 Months Despite Granting Him Bail
The Supreme Court on Friday (July 12) raised concerns over a "strange" order by the Patna High Court that granted bail to an accused in a murder case but directed his release only after six months, without providing any reason for this condition.A bench of Justice Abhay Oka and Justice Ujjal Bhyan granted interim bail to the accused, one Jitendra Paswan, subject to the conditions outlined in...
The Supreme Court on Friday (July 12) raised concerns over a "strange" order by the Patna High Court that granted bail to an accused in a murder case but directed his release only after six months, without providing any reason for this condition.
A bench of Justice Abhay Oka and Justice Ujjal Bhyan granted interim bail to the accused, one Jitendra Paswan, subject to the conditions outlined in the High Court order, and issued notice returnable on September 2, 2024.
“However, strangely the High Court says that order granting bail will become operative after 6 months. Issue notice returnable on second of September. In the meanwhile, we grant interim bail on the terms and conditions which are mentioned in paragraph nine of the impugned order”, the court stated in its order.
Justice Abhay Oka, while addressing the unusual nature of the impugned order, remarked, “What kind of order is this? Some courts are granting bail for six months or one year. Now this is one more type. Holds that he is entitled to bail but he should be released after six months.”
The court was hearing an appeal challenging the High Court's directive to release the accused after six months despite granting bail. Counsel for the accused argued that no reason was provided for this condition, rendering the bail “totally illusionary.”
The Patna High Court passed the impugned order granting bail to the accused, who is implication in a case under Sections 147, 148, 149, 341, 323, 324, 326, 307, and 302 of the IPC.
The FIR was lodged against 19 named accused, including Paswan, for allegedly attacking the informant and his family when they protested against the accused plowing their field. Specifically, it is alleged that on the instigation of Paswan, the other accused assaulted the informant's family.
The Patna High Court granted bail to Jitendra Paswan, to be effective six months from the order date, with a bail bond of Rs. 30,000 and two sureties. It also imposed several conditions, including regular court appearances, monthly attendance at the police station, and prohibitions against tampering with evidence or committing further offenses.
Case no. – SLP (Crl.) No. 8620/2024
Case Title – Jitendra Paswan Satya Mitra v. State Of Bihar