Supreme Court Cancels Bail of Accused in Jalandhar Murder Conspiracy Case

The case of Harjit Singh vs. Inderpreet Singh & Anr. is a significant ruling concerning the cancellation of bail in a murder conspiracy case. The Supreme Court was tasked with deciding whether the Punjab and Haryana High Court had erred in granting bail to Inderpreet Singh, an accused who allegedly conspired to commit the murder of Mann Singh while being lodged in jail.

The appeal was filed by Harjit Singh, the son of the deceased, challenging the High Court’s decision to release the accused, Inderpreet Singh, on bail. The Supreme Court examined the seriousness of the offense, the accused’s criminal antecedents, and the potential threat to witnesses before ruling on the matter.

Background of the Case

The case involved the brutal murder of Mann Singh near a Gurudwara in Jalandhar on September 21, 2020. Key details of the case are:

The FIR (No. 245/2020) was lodged at Police Station Sadar Jalandhar under Sections 302, 120-B, 34, 201 IPC and Section 25 of the Arms Act, 1959.
Eyewitnesses alleged that three assailants alighted from a white Maruti car and shot Mann Singh multiple times.
Inderpreet Singh, though not physically present at the crime scene, was accused of conspiring the murder from jail.
Investigations revealed that Inderpreet Singh was in constant touch with co-accused through an illegally acquired mobile phone in jail.
He allegedly orchestrated the crime with Jaskaran Singh, Bahadur Singh, and Satvinder Singh.
After committing the murder, Jaskaran Singh absconded and was declared a proclaimed offender.

Petitioner’s Arguments

The appellant, Harjit Singh, argued that:

Inderpreet Singh was the mastermind of the conspiracy and played a central role in planning the murder.
He had a history of criminal offenses and had been convicted in multiple FIRs, including cases under Sections 307, 326, and 452 IPC.
Despite being in jail, he managed to acquire a mobile phone and coordinated the murder, demonstrating his influence.
The High Court ignored the seriousness of the offense and the potential threat to witnesses while granting bail.
Given his past record, there was a high likelihood that he would commit further offenses if released.

Respondent’s Arguments

Inderpreet Singh’s counsel defended the bail decision, arguing:

He was in judicial custody at the time of the murder and did not physically participate in the crime.
The prosecution’s claim that he used a mobile phone in jail to plan the murder was debatable and unproven.
He had been in jail for five months before being granted bail and had not misused the bail concession since his release.
Since the chargesheet had already been filed, no further custodial interrogation was necessary.
The High Court had correctly exercised its discretion in granting bail.

Key Legal Issues

The Supreme Court examined the following legal issues:

Whether the High Court properly considered the seriousness of the offense before granting bail.
Whether the accused’s criminal history and previous misuse of bail should have been factored in.
Whether there was prima facie evidence of conspiracy hatched from jail.
Whether granting bail posed a risk to witnesses and the complainant.

Court’s Observations

The Supreme Court made several significant observations:

On the Seriousness of the Crime: The Court noted that the murder was well-planned, executed with firearms, and involved a deep-rooted conspiracy.
On Inderpreet Singh’s Role: The Court highlighted that he was not a passive participant but the mastermind who directed the crime from jail.
On the Criminal Record: The Court found that he had been convicted in multiple cases and had violated bail conditions in the past.
On the Risk of Tampering with Evidence: The Court noted that allowing bail could endanger the complainant and other witnesses.
On the High Court’s Judgment: The Court ruled that the High Court had erred by ignoring critical factors such as criminal history, risk of witness intimidation, and public safety concerns.

Final Verdict

The Supreme Court allowed the appeal and made the following rulings:

The High Court’s bail order was set aside.
The bail granted to Inderpreet Singh was canceled, and he was directed to surrender immediately.
The trial court was instructed to take him into custody and issue arrest warrants if necessary.
The Court clarified that its observations were only for bail purposes and would not affect the final trial outcome.

The Court concluded:

“The High Court failed to notice that earlier the accused was involved in multiple cases, had violated bail conditions, and continued criminal activities from jail. Given the seriousness of the crime, bail should not have been granted.”

Implications of the Judgment

This ruling has significant implications for criminal law and bail jurisprudence:

Stricter Bail Conditions: Courts must consider an accused’s criminal history and likelihood of reoffending before granting bail.
Protection of Witnesses: The decision reinforces that bail should not be granted if there is a risk of witness intimidation.
Judicial Scrutiny on Bail Orders: Higher courts can overturn bail decisions if due diligence is not exercised in assessing the accused’s past record.
Accountability of Jail Authorities: The ruling highlights concerns over prisoners accessing mobile phones and engaging in crimes from inside jail.

Overall, this ruling ensures that habitual offenders and conspirators do not misuse bail privileges to continue unlawful activities.

Petitioner Name: Harjit Singh.
Respondent Name: Inderpreet Singh & Anr..
Judgment By: Justice Dhananjaya Y. Chandrachud, Justice M.R. Shah.
Place Of Incident: Jalandhar, Punjab.
Judgment Date: 24-08-2021.

Don’t miss out on the full details! Download the complete judgment in PDF format below and gain valuable insights instantly!

Download Judgment: harjit-singh-vs-inderpreet-singh-&-a-supreme-court-of-india-judgment-dated-24-08-2021.pdf

Directly Download Judgment: Directly download this Judgment

See all petitions in Bail and Anticipatory Bail
See all petitions in Murder Cases
See all petitions in Criminal Conspiracy
See all petitions in Custodial Deaths and Police Misconduct
See all petitions in Attempt to Murder Cases
See all petitions in Judgment by Dhananjaya Y Chandrachud
See all petitions in Judgment by Mukeshkumar Rasikbhai Shah
See all petitions in allowed
See all petitions in supreme court of India judgments August 2021
See all petitions in 2021 judgments

See all posts in Criminal Cases Category
See all allowed petitions in Criminal Cases Category
See all Dismissed petitions in Criminal Cases Category
See all partially allowed petitions in Criminal Cases Category