Judgment by Supreme Court of India in the Criminal Appeals of Chandra Kumar and Rishi Kumar

The Supreme Court of India recently delivered a crucial judgment in the criminal appeals of Chandra Kumar and Rishi Kumar. The appeals involved their request for suspension of sentence and grant of bail after being convicted under various sections of the IPC. The Court dismissed the appeal filed by Arvind Kumar but decided to cancel the bail of Chandra Kumar and Rishi Kumar. This ruling marks a significant development in the ongoing legal proceedings.

Facts

Three criminal appeals were filed by Arvind Kumar, Chandra Kumar @ Chandu, and Rishi Kumar seeking suspension of sentence and grant of bail as they had been in jail for over ten years.
Co-accused Pramod Kashyap and Adesh Kumar were granted bail by the High Court while the three applicants remained in jail.
The three applicants were convicted under Sections 147, 148, 302/149, and 120B of the IPC and sentenced to life imprisonment with a fine of Rs. 20,000.
Two other accused, Monu and Amit Kumar, were acquitted of all charges.
The trial court convicted all five accused, including Arvind Kumar, Chandra Kumar, Pramod Kashyap, Rishi Kumar, and Adesh Kumar, under various sections of the IPC.
The convicted co-accused were granted bail during the pendency of their criminal appeals upon furnishing a personal bond of Rs. 50,000 each with two sureties.
The appellant, who is the complainant, challenged the order granting bail in these appeals.
Complainant Jadunath Singh reported an incident involving the accused Arvind Kumar and his sons Chandra Kumar and Rishi Kumar, along with others, opening fire on him and his family members over a disputed plot in Village Bhogaon.
Two accused, Chandra Kumar and Rishi Kumar, were arrested after absconding and were later found to have killed a police constable named Ajay Kumar during trial.
Multiple trials were registered against the accused, including cases of murder and conspiracy.
The accused fled after shooting dead two individuals and injuring another, leading to a case being registered under various sections of the IPC.
The accused also opened fire on the police constable, resulting in his death.
Medical examination confirmed the cause of death for the victims as firearm injuries and excessive bleeding.
Two accused were acquitted of all charges in the case.
The accused requested the police constable to take them out for attending to nature’s call before opening fire on him.

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Analysis

In the judgment, the High Court considered two factors for granting bail.
The High Court granted bail based on the period of incarceration and the fact that two other co-accused were granted bail.
The High Court found the parity mentioned with Adesh Kumar and Pramod Kashyap to be distinguishable as they were not involved in the murder of Constable Ajay Kumar.
The High Court was not presented with facts related to the accused Chandra Kumar and Rishi Kumar being involved in the murder and subsequent actions of resisting and opening fire on the police party during their arrest.
Despite Chandra Kumar and Rishi Kumar being incarcerated for over 10 years, their subsequent conduct and separate trial for resisting arrest and firing at the police party were relevant considerations for denying them bail.
The Court noted that these relevant facts should have been presented before the High Court for a proper assessment.
The Court reviewed the arguments from both parties and examined the material on record.
The High Court granted bail to Arvind Kumar and the Supreme Court is not inclined to interfere with that decision
Arvind Kumar is not charge sheeted in the murder case of Ajay Kumar

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