Madhya Pradesh High Court cancels bail granted to man who celebrated his release like a warrior

The Madhya Pradesh High Court recently cancelled the bail allowed to a man accused in a cheating case on the ground of misuse of liberty.

In a video, immediately after his release, the man was seen firing gunshots in the air amidst a mob of his supporters shouting slogans in his favor.

The bench of Justice Gurpal Singh Ahluwalia opined that this glorification of an accused on his release by a mob would necessarily have an adverse effect on society.

Court said that the bail cannot be equated with an acquittal and it is merely a temporary respite to the accused so that a perfect balance can be made amongst the rights of an under-trial, the society as well as the complainant. "Glorification of an accused can never be in the interest of society as well as the justice dispensation system," the court stated.

Court was dealing with an application filed under Section 439(2) of CrPC for cancellation of bail granted to the accused facing trial for offences under Sections 420, 467, 468, 409, 471 of IPC. The high court had granted bail to the accused on August 16, 2022.

Along with the application for bail cancellation, a CD had also been attached where the conduct of the accused upon his release on bail had been recorded.

In one video, which was recorded immediately after the accused's release, it was shown that the accused welcomed a mob of approximately 100 people who not only garlanded him and touched his feet but were also shouting slogans in his favour. It appeared that the accused projected himself as a warrior.

There was another video footage in which the accused could be seen firing in the air and one of his supporters was heard challenging the applicant who had come to the court seeking cancellation of accused's bail.

The accused, however, opposed the application alleging that the said CD was doctored and the plea had been filed with an ulterior motive. The counsel for the accused argued that the accused had been welcomed only by his supporters after his release which is a normal feature of Indian society and there was nothing unusual in it.

But, when the CD was played in open court, accused’s counsel could not dispute the contents of the same and could not point out any reason for alleging that the CD was a doctored one. Instead, he admitted that the accused had been welcomed by a mob that took him to his house in a jeep in which the accused was standing and waving to his supporters.

Referring to Supreme Court's ruling in Ms. P. Vs. State of Madhya Pradesh and another (2022), the single-judge bench held that the bail granted to the accused was liable to be cancelled.

Court also pointed out that the witnesses in the case had also started turning hostile which could be the result of the glorification of the accused.

Therefore, Court allowed the application and cancelled the bail granted to the accused.

Case Title: Smt. Ramlesh Bai v. State of MP and Rajbhan Singh