By PTI
NEW DELHI: The Supreme Court Friday cancelled the bail granted to a woman in an attempt to murder case on the ground that there has been an evident error on the part of the High Court in surmising that no specific or overt act is attributed to her.
A bench comprising Justices D Y Chandrachud and B V Nagarathna said the Rajasthan High Court has failed to consider the seriousness and gravity of the crime and the specific role which is attributed to the accused while deciding her bail plea.
The apex court said that the considerations which must weigh in the exercise of the power of the appellate court to determine whether bail has been granted for valid reasons stand on a distinct footing from an application for cancellation of bail.
“There is a specific allegation that the second respondent has actively aided the commission of the crime by furnishing information about the movements of the deceased to the killers.
There has been an evident error on the part of the High Court in surmising that no specific or overt act is attributed to the second respondent,” the bench said.
Namit Saxena, a criminal lawyer, who appeared on behalf of the son of the deceased, submitted that the High Court is in error in proceeding on the basis that no overt act is attributed to the woman since the charge-sheet, which has been filed after investigation, indicates that she was the custodian of the weapons used in the crime.
The apex court was hearing an appeal filed by the son of Daan Singh, against an order of the high court that granted bail to the accused woman in the case.
The deceased was the Sarpanch of the village.
It has been alleged that there was a prior enmity between the accused and the deceased, as a consequence of which the husband of the second respondent (woman) together with certain other members of his family and sharpshooters shot at Daan Singh in September 2015.
However, Singh survived the incident.
The FIR under Section 307 (attempt to murder) of the IPC was registered at Police Station Kumher in Bharatpur district.
The second respondent (woman) was arrested and charge-sheeted.
The evidence of Singh was to be recorded at the criminal trial.
A fortnight before the recording of his evidence, he was murdered on September 11, 2017.
The apex court in its judgement said that the deceased was due to testify in the trial in the prior case under Section 307 of the IPC and the murder was committed barely a fortnight before the date on which he was to depose.
It directed the woman to surrender on or before November 7, 2021.
“The High Court had rejected four previous bail applications. There was no change in circumstances. In this backdrop, the High Court having failed to notice material circumstances bearing upon the grant of bail to the second respondent and, as noted above, having proceeded on a palpable erroneous basis, a case for the setting aside of the order of the High Court has been duly established,” the top court said.
