Facts of the Case
The accused, Madhya Pradesh BSP MLA’s husband was convicted under Section 302 of the Indian Penal Code, 1860 for the murder of Congress leader Devendra Chourasia. Thereafter, the Madhya Pradesh High Court suspended the sentence under Section 389 (1) of the Code of Criminal Procedure, 1973 on the ground that his appeal was pending. Thereon, the appellant had filed an application before the Madhya Pradesh High Court seeking the revocation of the suspension of sentence and cancellation of the bail that was granted to the accused by the High Court. The Madhya Pradesh State Government had also filed a similar application. However, the Madhya Pradesh High Court had declined to entertain the two applications. Subsequently, an appeal was filed before the Hon’ble Supreme Court.
Arguments before the Court
In the application filed before the Madhya Pradesh High Court, the appellant had sought for the cancellation of bail on the ground that after the sentence was suspended; an FIR was filed in which he was implicated in the murder of the appellant’s father. The State Government also contended that the accused was convicted for another offence punishable under Sections 399 and 402 of the Indian Penal Code, 1860 and Section 25 (1) (1B) (a) of the Arms Act, 1959.
The bench constituted by Justices D.Y. Chandrachud and Hrishikesh Roy after considering the contentions of the parties observed that
“India cannot have two parallel legal systems, one for the rich and the resourceful and those who wield political power and influence and the other for the small men without resources and capabilities to obtain justice or fight injustice.”
According to the Court, a dual legal system will chip away the legitimacy of law.
Supreme Court cancels Bail
The Hon’ble Supreme Court directed the Madhya Pradesh High Court to set aside its order. The Court also cancelled the bail that was granted to the accused. Additionally, the Supreme Court directed the accused to move under the directions of the DGP to another jail to ensure a fair course of criminal proceedings.
The Court also directed the Madhya Pradesh State Government to enquire into the apprehensions that were expressed by the Additional Sessions Judge pertaining to his safety.