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Lachhman Dass v. Resham Chand Kaler And Another
Factual and Procedural Background
These three conjoined criminal appeals arise from orders of the High Court of Punjab and Haryana granting regular or anticipatory bail to three accused persons. The underlying FIR No. 205 of 2015 (dated 5-11-2015) alleges that Respondent 1, an NRI named Resham Chand Kaler, along with Kulbir Singh and others, attacked the complainant’s party over a land dispute, causing the death of Shingar Chand and injuries to several others. The police subsequently added Sections 326 and 120-B of the Indian Penal Code and filed a charge-sheet on 22-3-2016; trial is pending before the Sessions Court.
The trial court rejected Respondent 1’s bail on 14-9-2016, but the High Court granted bail on 19-1-2017. The complainant (appellant) sought special leave to appeal against that order; similar High-Court-granted bails to two co-accused were also challenged, giving rise to Criminal Appeal Nos. 161, 162 and 163 of 2018.
Legal Issues Presented
- Whether the High Court orders granting bail to the accused respondents were legally sustainable in light of the seriousness of the offences and the material on record.
- Whether the Supreme Court, in the absence of any supervening circumstance, can set aside a bail order on the ground that the High Court failed to consider relevant factors rather than on the footing of “cancellation of bail”.
- In Appeal 163, whether the respondent’s bail obtained through interim protection and subsequent surrender amounted to an abuse of process justifying interference.
Arguments of the Parties
Appellant’s Arguments
- The offences include murder and criminal conspiracy; Respondent 1 allegedly conspired with a habitual offender facing multiple murder cases.
- The High Court granted bail casually, ignoring grave allegations and the likelihood that the respondents could tamper with evidence.
- In Appeal 163, the procedure adopted—High Court directing the trial court to admit the accused to bail—shows non-application of mind and abuse of process.
Respondents’ Arguments
- Respondent 1 is a British citizen involved in a land dispute; his alleged role in the conspiracy is a matter for trial, and only prima facie culpability should be considered at the bail stage.
- The jurisprudential distinction between rejection of bail and cancellation of bail bars interference absent breach of bail conditions.
- In Appeal 163, the respondent’s name was not in the FIR and surfaced only during evidence; thus, bail should be maintained.
State’s Submissions
- The State supported the complainant, stressing that the High Court ignored the respondents’ links to a notorious criminal and the serious nature of the weapons-based assault.
Table of Precedents Cited
| Precedent | Rule or Principle Cited For | Application by the Court |
|---|---|---|
| State of U.P. through CBI v. Amarmani Tripathi (2005) 8 SCC 21 | Distinction between cancellation of bail and setting aside an order granting bail for non-consideration of relevant material. | Supreme Court treated the present matter as a challenge to the legality of the High Court’s bail order, not a cancellation based on subsequent events. |
| Prakash Kadam v. Ramprasad Vishwanath Gupta (2011) 6 SCC 189 | Parameters governing grant of bail in serious offences. | Cited to reinforce that gravity of offence and role of accused must be weighed; High Court failed to do so. |
| Madan Mohan v. State of Rajasthan (2018) 12 SCC 30 | Appellate guidance that higher courts should not issue mandatory directions compelling subordinate courts to grant bail. | Used in Appeal 163 to condemn the High Court’s directive that the trial court “shall” release the accused, characterising it as a breach of judicial independence. |
Court's Reasoning and Analysis
The Supreme Court examined the FIR, charge-sheet and particularly a compact disc showing the incident. It found a prima facie case that a group armed with deadly weapons acted under Respondent 1’s leadership. The Court stressed:
- Seriousness and gravity of offences—murder in broad daylight and a conspiracy spearheaded by Respondent 1—were overlooked by the High Court.
- The High Court’s observation that no injury was attributed to Respondent 1 ignored Section 149 IPC and the alleged conspiracy.
- Nationality affords no special consideration; Section 439 CrPC applies uniformly.
- Interference is justified not as “cancellation” but because the bail orders were passed without due consideration of material and legal principles, squarely within the framework explained in Amarmani Tripathi and Prakash Kadam.
- In Appeal 163, the High Court effectively compelled the trial court to grant bail, a practice disapproved in Madan Mohan; obtaining bail through such “circuitous method” was termed an abuse of process.
Holding and Implications
HOLDING: The appeals are allowed; the Supreme Court sets aside the High Court’s orders granting bail to all three respondents and directs that they be taken into custody forthwith.
Implications: The decision reiterates that appellate courts may annul bail orders passed without adequate consideration of gravity, role of the accused, and evidentiary material, even absent a breach of bail conditions. It also cautions High Courts against issuing mandatory directives to subordinate courts that undermine judicial discretion. No new doctrinal precedent is created, but the ruling reinforces established bail principles and the uniform application of law regardless of an accused’s nationality.
N.V. Ramana, J.—
Criminal Appeal No. 161 of 2018 arising out of SLP (Crl.) No. 3168 of 2017
1. Leave granted. This case arises out of an order dated 19-1-2017, passed by the High Court of Punjab and Haryana, at Chandigarh, in Resham Chand Kaler v. State of Punjab 2017 SCC OnLine P&H 3459, wherein the High Court has granted regular bail to Respondent 1 in FIR No. 205 of 2015, dated 5-11-2015, filed under Sections 302, 307, 324, 148 & 149 of the Penal Code, 1860 (hereinafter “IPC”, for brevity) and Sections 25, 27, 54 and 59 of the Arms Act, 1959.
2. The facts as alleged in the FIR portray that, on 5-11-2015 at about 5 to 5.15 p.m., when the complainant's brother (Harbilas) and one Shingar Chand, were present near the crime scene, Resham Chand Kaler (Respondent 1, an NRI) accompanied by Kulbir Singh and various other persons, arrived there and started quarrelling with Harbilas and Shingar Chand. In this incident Kulbir Singh is alleged to have fired a shot from his revolver at Shingar Chand. Further, it is alleged that, the complainant as well his family members sustained various injuries inflicted by armed cohorts accompanying Resham Chand Kaler (Respondent 1 herein).
3. After completion of the investigation Sections 326 and 120-B IPC were added in addition to those sections reported under the FIR and a final report was filed by the police officer concerned against the accused persons including Respondent 1. It is brought to our notice that the aforesaid challan was submitted before the Sessions Court on 22-3-2016 and the trial is pending.
4. Respondent 1 first approached the trial court in Bail Application No. 3018 of 2016, wherein the trial court vide order dated 14-9-2016, rejected the bail application on the ground that, there were serious allegations as to the culpability of Respondent 1 and the nature of the offences were serious which was committed in broad daylight.
5. Aggrieved by the rejection of bail by the trial court, Respondent 1 approached the High Court of Punjab and Haryana, Chandigarh, in CRM-M No. 36539 of 2016, wherein the High Court has granted bail on usual terms to Respondent 1. It would be apt to reduce the reasoning of the High Court: (Resham Chand case 2017 SCC OnLine P&H 3459, SCC OnLine P&H paras 2-7)
“2. Heard.
3. Notice of motion.
4. On asking of the Court, Mr Ashish Sanghi, DAG, Punjab, who is present in the Court accepts notice and submits that intimation by Registry informing of fixation of the petition has already been received and record of the case is available with him.
5. Allegation against the petitioner is that he was the main conspirator in the occurrence, in which Shingara Chand was given fireshot injury, who died at the spot while the complainant and his nephew Jiwan Kaler were caused injuries with sword.
6. It is a case of land dispute. The petitioner was arrested in this case on 6-11-2015 and the challan has already been presented. No injury has been attributed to the petitioner.
7. Without expressing any opinion on merits of the case and keeping in view the fact that conclusion of trial will take considerably long time, the present petition is allowed. Petitioner Resham Chand Kaler is ordered to be released on regular bail on furnishing bail bond and surety bond to the satisfaction of the trial court/Chief Judicial Magistrate/Duty Magistrate concerned, subject to following terms:
(a) The petitioner shall comply with the conditions mentioned in Section 437(3) CrPC.
(b) In the event of his absence on any date of hearing, the benefit of bail allowed to the petitioner shall stand withdrawn. The trial court shall be competent to cancel his bail bond and surety bond and proceed to procure his presence in accordance with law. In that eventuality the petitioner shall have to apply for bail afresh.
(c) He shall not leave the country without the previous permission of the Court.”
(emphasis supplied)
6. Aggrieved by the order of the High Court granting bail to Respondent 1, the appellant has approached this Court by way of special leave petition.
7. The learned counsel for the appellant (complainant) submits that the nature of crime is very serious and the High Court without application of mind, casually granted bail to Respondent 1 even after observing that there were serious allegations of criminal conspiracy in accompanying a habitual criminal (Kulbir Singh) who is alleged of being an accused in nineteen criminal cases including thirteen murder cases. It is further contended that the evidence on record clearly establishes the fact of Respondent 1 hatching criminal conspiracy and in that pursuit of the same accompanied the accused Kulbir Singh to the place of incident where Shingar Chand was shot dead. The criminal conspiracy between Respondent 1 and Kulbir Singh in accompanying the latter to the scene of crime cannot be ignored, more so when Section 149 IPC was invoked. The learned counsel finally submitted that there is also a likelihood of Respondent 1-accused tampering with the process of investigation, but the High Court granted bail to the accused ignoring the established principles of criminal jurisprudence and hence the order of the High Court needs to be set aside.
8. The learned counsel for Respondent 1 submits that he is a British citizen and the genesis of the crime is a land dispute. The involvement of Respondent 1 in the alleged conspiracy is a matter of trial and this Court should assess only prima facie culpability, concerning the involvement of Respondent 1. He further submitted that this Court should take into consideration the difference between the rejection of a bail and cancellation of a bail while analysing the instant case.
9. The learned counsel appearing on behalf of the State, while fully supporting the complainant's case, agrees with the contention that the bail was granted against established tenets under the bail jurisprudence. The learned counsel of the State has referred a detailed counter-affidavit for the perusal of the Court and has submitted that the accused Kulbir Singh was a notorious criminal who was extradited from USA and he is a henchman of Respondent 1 with whose support the accused persons attacked the complainant party to grab their land. The High Court has ignored all these material facts and has wrongly granted bail to Respondent 1.
10. Having heard the learned counsel appearing on behalf of the parties and perusing all the material available on record, particularly the compact disc (CD) filed with the petition, we are of the considered opinion that a prima facie case is made out against the respondent-accused, as the group of persons are seen committing the offence using deadly weapons and sticks. The seriousness and gravity of the offence can be clearly observed from the CD. However, the aforesaid observations must not be construed as findings on merits. Though Respondent 1 is not a citizen of this country (British national), yet the fact remains that he along with other persons has indulged in the criminal activity. The case of the prosecution mainly revolves around him as he is alleged to be the kingpin of the criminal conspiracy which demands his custodial interrogation. In such circumstances, it is unfortunate that the High Court did not appreciate the facts of the case with prudent legal perception. We see no reason to accord any special consideration for Respondent 1 by virtue of a simple fact that he is a citizen of a different country. The law under Section 439 CrPC is very clear and in the eye of the law every accused is the same irrespective of their nationality.
11. Apart from the above, it is also important to note the legal principles governing this case. We make it clear that this case is not an appeal seeking cancellation of bail in any sense rather, this case calls for the legal sustainability of the impugned order granting bail to the accused-respondent herein. The difference between the cancellation of the bail and a legal challenge to an order granting bail for non-consideration of material available on record is a settled proposition. To clarify, there is no ground pleaded herein that a supervening event breaching bail conditions is raised. (Refer to State of U.P. v. Amarmani Tripathi (2005) 8 SCC 21 (2) and Prakash Kadam v. Ramprasad Vishwanath Gupta (2011) 6 SCC 189.)
12. Having cleared this confusion, we may clarify, though seriously urged by the counsel appearing on behalf of Respondent 1, that there is no warrant for cancellation of bail as there has been no breach of bail condition, yet such submission is not countenanced under the law.
13. For all the aforesaid reasons, the appeal is allowed. We, therefore, set aside the order 2017 SCC OnLine P&H 3459 of the High Court granting bail to Respondent 1 and direct the police authorities concerned to take Respondent 1 into custody immediately.
Criminal Appeal No. 162 of 2018 arising out of SLP (Crl.) No. 3167 of 2017
14. Leave granted.
15. We have perused the impugned judgment 2017 SCC OnLine P&H 3460 which granted bail to the respondent in this SLP on the basis of parity with Resham Chand Kaler [Respondent 1 in SLP (Crl.) No. 3168 of 2017]. As we have already set aside the bail of Resham Chand Kaler, thereby effacing the footing on which the grant of bail by the High Court stood; otherwise also, we do not think that this case is fit for extending the liberty of bail for the reasons as provided above. Therefore, we allow the appeal and set aside the impugned order passed by the High Court granting bail to Respondent 1 herein.
Criminal Appeal No. 163 of 2018 arising out of SLP (Crl.) No. 3169 of 2017
16. Leave granted.
17. It is stated by the learned counsel appearing for Respondent 1 in this SLP that the case of the present respondent is distinguishable from the rest of the accused in the above two criminal appeals. He further states that his name does not appear in the FIR and the police investigation did not reveal any role attributable to the present respondent, it was only after recording of the evidence that the court summoned the present respondent. Therefore, he should be extended the liberty of bail as granted 2017 SCC OnLine P&H 3458 by the High Court.
18. Per contra, the learned counsel for the appellant drew our attention to a series of orders passed by the courts below which makes it apparent that the bail was granted on a rhetorical footing without there being any application of mind.
19. It would be useful to note certain orders passed by the courts below in order to understand the non-application of mind.
20. On 6-10-2016, the Sessions Court rejected the first anticipatory bail application of the respondent in this case taking into consideration the gravity and seriousness of the offence.
21. Thereafter, the respondent herein filed an anticipatory bail application in the High Court being CRM-M No. 40457 of 2016. It is to be noted that the High Court granted interim protection 2016 SCC OnLine P&H 18678 in the following manner: (Sukhwinder Singh case 2016 SCC OnLine P&H 18678, SCC OnLine P&H paras 1-5)
“1. The learned counsel for the petitioner states that the petitioner has not been named in the FIR and the police has found the petitioner innocent. Thus, he was not challaned. It is only on the basis of statement of Jiwan Kaler, the name of the petitioner has cropped up. He further states that even though no role has been attributed to the petitioner, but the petitioner is ready to face the trial.
2. Notice of motion.
3. At this stage, Mr Anil Kumar Spehia, Advocate has put in appearance on behalf of the complainant. Vakalatnama produced on behalf of the complainant in the Court today, is taken on record.
4. List on 13-2-2017.
5. Meanwhile, in case the petitioner surrenders before the trial court within one week from today, he shall be admitted on bail on his furnishing bail bonds and surety bonds to the satisfaction of the trial court.”
(emphasis supplied)
22. Thereafter, the respondent herein made an application, for surrender and bail as per the order of the High Court dated 11-11-2016 2016 SCC OnLine P&H 18678, before the trial court. The trial court by order dated 16-11-2016, passed the following order granting bail:
“Application for surrender and bail received by entrustment, it be checked and registered, along with it copy of order dated 11-11-2016 passed by the Hon'ble High Court in Sukhwinder Singh v. State of Punjab 2016 SCC OnLine P&H 18678, vide which the applicant Sukhwinder Singh have been ordered to be released on bail to the satisfaction of the trial court. The orders have been got verified through Ahlmad of this Court. In view of the orders of the High Court, applicant is ordered to be released on bail on (illegible).
Shall not leave India without the permission of the court.
He shall appear in court on each and every date of hearing.
Bail/Surety bonds accepted and attested. Papers of bail application be attached with the file of the trial pending in this Court.”
(emphasis supplied)
23. Again, when the matter was listed before the High Court in CRM-M No. 40457 of 2016, which was pending before it, was dismissed as being infructuous as under: (Sukhwinder Singh case 2017 SCC OnLine P&H 3458, SCC OnLine P&H paras 1-3)
“1. The learned counsel for the petitioner states that in terms of order dated 11-11-2016 2016 SCC OnLine P&H 18678 passed by this Court, the petitioner has surrendered before the trial court. Thereafter, the petitioner has been ordered to be released on bail.
2. Accordingly, this petition praying for grant of anticipatory bail to the petitioner, has been rendered infructuous.
3. Dismissed as having become infructuous.”
(emphasis supplied)
24. It is unfortunate to note that the order of the High Court on the first instance clearly points out that it has virtually directed the course of action to be undertaken by the subordinate court. It is not expected from the High Court to pass such mandatory orders commanding the subordinate court to compulsorily grant bail. Recently, this Court on similar facts in Madan Mohan v. State of Rajasthan (2018) 12 SCC 30, has laid down that courts cannot issue mandatory directions which breach the independence of subordinate courts. Therefore, such circuitous method undertaken by the respondent in obtaining a bail is a gross abuse of the court process undertaken in bad faith. Moreover, our attention is drawn to the fact that he was declared as a proclaimed offender before the grant of bail, which was not taken into consideration by the High Court. In the light of the above, we allow the appeal, set aside the order of the High Court and direct the authorities concerned to take Respondent 1 herein into custody forthwith.
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