[Bhanwari Devi Murder Case] “Cannot Keep Person In Custody For Indefinite Period Pending Trial”: Supreme Court Grants Bail To Former Congress Leader Paras Ram Vishnoi

While granting bail to Paras Ram Vishnoi, former Congress Leader from Rajasthan who was arrested in connection with the Bhanwari Devi murder case, the Supreme Court on Tuesday emphasised on the value of people’s personal liberty. 

Division bench of Justice SK Kaul and Justice Hemant Gupta observed that, 

“If the CBI is not able to prosecute people for years together, what are we expected to do? It is the agency which has not been able to do its job well. There is some value to people’s personal liberty. We cannot keep everyone behind bars.”

Noting that the accused was in custody for eight and a half years, Court in its order said, 

“We are of the view that pending the trial we cannot keep a person in custody for an indefinite period of time and taking into consideration the period of custody and that the other accused are yet to lead defence evidence while the appellant has already stated he does not propose to lead any evidence, we are inclined to grant bail to the appellant on terms and conditions to the satisfaction of the trial Court.”

What Is The Bhanwari Devi Murder Case 

According to the chargesheet filed by CBI, Bhanwari who was a trained midwife and nurse disappeared in September 2011 after a CD surfaced that showed Rajasthan’s former cabinet Minister Mahipal Singh Maderna and Bhanwari in a compromising position amid the reports that she was blackmailing Maderna with the CD. 

Maderna was thereafter arrested in 2012 along with Malkhan Singh Bishnoi, former Congress MLA who allegedly had an affair with Bhanwari before he introduced her to Maderna.

CBI said that after being fed up with meeting Bhanwari’s demand, the two leaders plotted together to murder Bhanwari. After four months of Bhanwari’s disappearance , in January 2012, her mortal remains were found in a canal in Jodhpur near a pit where Bhanwari’s body was set on fire.

Along with the two former Congress leaders, 17 other people were also arrested in connection with the case. 

Background Of Case Before Supreme Court 

Appearing for Vishnoi, Senior Advocate Mahesh Jethmalani argued that in view of 16 other accused(s) deciding to examine the defence witnesses, the trial would take a lot of time to conclude. 

Opposing the bail, Additional Solicitor General SV Raju appearing for Central Bureau of Investigation submitted that it was a sensational case and releasing one accused on bail might affect the outcome of the trial.

Reprimanding the submissions made by ASG SV Raju, the bench said, 

“You are saying it is a sensational case but you have not been able to conclude it in the last eight and a half years. A person will remain in jail not knowing when the trial will conclude and whether he is going to be convicted at all or not. We don’t agree that bail will have any impact on the outcome of the case. It is indeed a very serious matter but we cannot keep people behind bars forever.”

The bench also added: “We did not want to say this but there are special courts meant only for your (CBI’s cases) and trials have been pending for the longest time there. We have come across instances where your prosecutors do not even get their own files to argue cases and borrow the files of the court.”

Litigious Chain

In July 2020, the Rajasthan High Court refused to grant bail to Paras Ram Vishnoi (brother of Malkhan Singh Bishnoi) following which, Vishnoi approached the Supreme Court. 

On February 22, 2021, the Top Court had directed the Trial Court to record statements of all the accused on a day to day basis, as far as possible, using even video conferencing. 

Case Title: Paras Ram Vishnoi V. The Director, Central Bureau Of Investigation| Criminal Appeal No. 693/2021