The Supreme Court issued notice in a special leave petition filed by the original complainant seeking cancellation of bail granted to an accused in a murder case suspected to be an instance of honour killing. The petitioner had approached the Allahabad High Court, stating that he was being threatened by the accused who is currently facing trial. However, the High Court declined to entertain the bail cancellation plea, directing the petitioner to instead seek recourse under the Witness Protection Scheme, 2018.
Senior Advocate Rishi Malhotra argued that the High Court erred in refusing to cancel the accused’s bail, despite a clear violation of the conditions under which it was granted. He pointed out that a key condition of the bail was that the accused would not threaten the complainant, and any breach would warrant cancellation.
The bench comprising Justice J.B. Pardiwala and Justice R. Mahadevan expressed concern over the High Court’s reasoning, stating that it failed to appreciate the true purport of the complainant’s plea. The Supreme Court questioned why the High Court treated the matter as one pertaining to witness protection when it involved alleged breach of bail conditions and intimidation by the accused. It observed that if the complainant is being threatened and bail conditions are violated, cancellation of bail is the appropriate remedy, not merely protection under the 2018 Scheme.
The Supreme Court has issued notice, returnable in four weeks, and directed that Dasti service be allowed. Additionally, it has ordered the Investigating Officer to remain personally present on the next date of hearing along with the case papers. The Court also sought an update on the police complaints reportedly filed by the petitioner regarding the threats made by the accused.
Appearances:
Petitioner(s): Mr. Rishi Malhotra, Sr. Adv.; Mr. Shivaansh Maini, Adv.; Ms. Ansuiya, Adv.; Mr. Prem Malhotra, AOR
