Glorification Of Accused Can Never Be In Interest Of Society: MP HC Cancels Bail Granted To Man Who Was Projected As Warrior
The Madhya Pradesh High Court has cancelled the bail granted to a man after he was welcomed by a mob of approximately 100 people on his release.
"Glorification of an accused can never be in the interest of society as well as justice dispensation system.", the bench of Justice Gurpal Singh Ahluwalia observed while cancelling the bail of the accused.
Advocate Gaurav Mishra appeared for the applicant whereas Panel Lawyer C.P. Singh appeared for State. Advocate Rajesh Pathak appeared for the accused.
The accused is facing trial for offence under Sections 420, 467, 468, 409, 471 of the Indian Penal Code.
It was submitted that after he was released on bail, he was welcomed by a mob of more than 100 people, who garlanded him and touched his feet and also chanted slogans in his favour.
It was further submitted that the accused was brought to his house in a procession and he was standing in an open Jeep and was waiving his hands to the general public and even gunshots were fired by the accused in the air.
It was submitted that the conduct of the accused was video-graphed and the said video was filed along with the application in the form of CD accompanied by a certificate under Section 65-B of the Evidence Act.
Since the accused had claimed that the CD indicates that the application for cancellation of bail is a tampered and doctored document, therefore, the said CD was played in the open Court.
After watching CD, counsel for the accused did not dispute the contents of the same and could not point out any reason for alleging that the CD is a doctored one.
The Court observed that "If the video which was video-graphed immediately after his release is considered, then it is clear that he welcomed by a mob of approximately 100 people who not only garlanded him and touched his feet, but were also chanting slogans in his favour and thereafter the respondent No. 2 was taken in his house in a Jeep and in another video, respondent No. 2 is seen firing in air and one of his supporter was heard challenging the applicant. Thus, it is clear that the respondent No. 2 has come out of the jail by projecting him as a warrior."
The Court observed that bail cannot be equated with acquittal. The Court further added that bail is merely a temporary respite to the accused so that a perfect balance can be made amongst the rights of an under-trial, the society as well as the complainant.
Thus the Court cancelled the bail granted to the accused on the ground of misuse of liberty by the accused. The Court directed him to surrender before the Trial Court within a month.
Cause Title- Ramlesh Bai v. State of Madhya Pradesh & Ors.