Research › Browse › Judgment

Supreme Court of India · body

2025 DIGILAW 254 (SC)

Ranjeet Singh @ Ranjeet Etc. v. State of Bihar

2025-01-10

B.V.NAGARATHNA, SATISH CHANDRA SHARMA

body2025
ORDER CRL.M.P.NO.259531 OF 2024 1. The present Criminal Miscellaneous Petition has been preferred by the appellant-Ajay Singh seeking bail in Criminal Appeal No.2994 of 2024 (Crl.Appeal Nos.2992-2994/2024). 2. Briefly stated, the case arises from a fardbeyan by the informant that when he, along with his brother and certain other villagers were reaching near the house of one Satrughan Sao, they noticed the appellant herein and other accused armed with weapons surrounding them and abusing them in filthy language and that they stated as to why the informant's side were not leaving/relinquishing quota as well as contract work. Thereafter, an altercation ensued in which the accused persons started firing leading to the death of the brother of the informant. 3. Subsequently, an FIR No.32/2003 dated 03.04.2003 was lodged at Police Station Pandarak, Bihar with respect to offences punishable under Sections 147, 148, 149, 302 of the Indian Penal Code, 1860 (hereinafter "IPC") and Section 27 of the Arms Act, 1959 against several persons including the appellant herein. 4. The Court of Additional District and Sessions Judge (Adhoc A.D.J.1st) Barh, Patna in Sessions Trial No.1186 of 2004/Sessions Trial No.905 of 2005 convicted the appellants under Sections 147, 148, 302, 149 IPC and Section 27 of the Arms Act, 1959. By Judgment dated 21.10.2013, all the appellants were convicted and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.20,000 each under Section 302/149 IPC. In default in payment of fine, they were directed to further undergo rigorous imprisonment for six months. Under Section 148/147 IPC, they were sentenced to undergo rigorous imprisonment for one year, however, under Section 27 of the Arms Act, all the appellants were directed to undergo rigorous imprisonment for three years. 5. As regards the appellant herein, the High Court of Patna, vide judgment and order dated 25.09.2019 in Criminal Appeal (DB) No.53 of 2014, dismissed the criminal appeal filed by the appellant. 6. Being aggrieved by the order of the High Court rejecting the appeal, the appellant filed the present Criminal Appeal No.2994 of 2004 before this Court. Two other appellants, who were also convicted alongside the appellant herein, have also filed Criminal Appeal Nos.2992 and 2993 of 2024. 7. This Court vide its order dated 02.01.2023, issued notice in the instant matter. Being aggrieved by the order of the High Court rejecting the appeal, the appellant filed the present Criminal Appeal No.2994 of 2004 before this Court. Two other appellants, who were also convicted alongside the appellant herein, have also filed Criminal Appeal Nos.2992 and 2993 of 2024. 7. This Court vide its order dated 02.01.2023, issued notice in the instant matter. Vide order dated 19.07.2024, this Court also granted bail during the pendency of the appeals before this Court to the appellants in Criminal Appeal No.2992 of 2024 and Criminal Appeal No.2993 of 2024. 8. Learned counsel for the appellant-Ajay Singh submitted that the appellant has been in jail for the last thirteen years and the similarly placed appellant viz., Ranjit Singh and Vijay singh have already been granted relief of bail. In the circumstances, a similar order may be made in the case of the applicant-Ajay Singh also on the principle of parity. 9. Learned counsel for the respondent-State objected to the application and submitted that appropriate orders may be made on the said application. 10. We have considered the submissions advanced at the Bar in light of the material on record and also bearing in mind the actual role of the appellant herein in the entire incident. 11. Taking note of the aforesaid submissions and, particularly, the fact that the co-accused viz., Ranjit Singh and Vijay Singh have already been granted relief of bail, we find that at this stage, the appellant-Ajay Singh is also entitled to the relief of bail during the pendency of these appeals before this Court subject to the conditions to be imposed by the Sessions Court. 12. The appellant shall be produced before the concerned Sessions Court within a week from today and shall be released on bail subject to the conditions to be imposed by the Sessions Court. 13. The petition for bail is disposed of in the aforesaid terms. 14. Pending application(s), if any, shall stand disposed of.