'State & Director Of Prosecution Failed In Duties' : Supreme Court Pulls Up Gujarat Govt For Not Appealing Against Bail Order In Murder Case

The State of Gujarat and its Director of Prosecution came under the criticism of the Supreme Court for not filing appeal against a High Court order granting bail to the accused in a case where a Dalit man was brutally murdered while he was collecting scrap outside a factory.A bench comprising Justice MR Shah and Justice BV Nagarathna noted that the High Court's bail order was "most perfunctory and casual", but the State did not appeal against it.Aggrieved with the High Court order, the complainant(the widow of the victim) filed appeal before the Supreme Court.While allowing the appeal and setting aside the High Court's judgement in Jayaben V. Tejas Kanubhai Zala & Anr, the bench said,"By not filing the appeals by the State against the impugned judgments and orders releasing the accused on bail in such a serious matter, the State has failed to protect the rights of the victim. We are of the opinion that this was the fit case where the State ought to have preferred the appeals challenging the orders passed by the High Court releasing the accused on bail. In criminal matters the party who is treated as the aggrieved party is the State which is the custodian of the social interest of the community at large and so it is for the State to take all the steps necessary for bringing the person who has acted against the social interest of the community to book."Remarking that the post of Director of Prosecution is a very important post in so far as the administration of justice in criminal matters is concerned, the bench further observed that even the Director of Prosecution had failed to perform his duty in the instant case"It is reported that in the State there is a Director of Prosecution. Even the Director of Prosecution has failed to perform his duties in the instant case. The post of Director of Prosecution is a very important post in so far as the administration of justice in criminal matters is concerned. It is the duty of the Director of Prosecution to take prompt decision. Given that crimes are treated as a wrong against the society as a whole, the role of the Director of Prosecution in the administration of justice is crucial. He is appointed by the State Government in exercise of powers under Section 25A of the Code of Criminal Procedure. That his is a crucial role is evident from conditions such as in Section 25A (2) of the Code, which stipulates a minimum legal experience of not less than ten years for a person to be eligible to be Directorate of Prosecution and that such an appointment shall be made with the concurrence of the Chief Justice of the High Court," bench also observed.Expressing its disinclination to accept the submissions by State's counsel that it takes time to take a decision whether to prefer an appeal or not, the bench said, "The State ought to have been very serious even to maintain the rule of law in a serious matter like this where a person was brutally murdered/killed while he was just collecting scrap outside the factory with his wife and aunt. It is the duty of the Director of Prosecution and the State to ensure that the guilty are booked and punished."While allowing the appeal the bench said that it hoped and trust that the State Government/legal department of State Government and Director of Prosecution shall take prompt decisions in matters where the accused(s) are released on bail in serious offences."We hope and trust that our observations will reach the State Government/legal department of the State of Gujarat and the Director of Prosecution of the State of Gujarat. We direct the Registry to send the copy of this order to the Principal Chief Secretary and Secretary, Home Department and Legal Department, State of Gujarat to take further corrective steps," bench also added.Factual Background The appellant ("original complainant"), her aunt and her husband had went to collect scrap from the open space outside a factory. When they were picking scrap on the backside of the factory area, five persons ("accused(s)") came there and started abusing them and thereafter initially started beating all three of them outside the factory. Thereafter, the accused(s) asked the complainant and her aunt to leave, tied appellant's husband to the factory's gate and started beating him.The appellant's husband was thereby found unconscious and seriously injured. He was declared dead when he was taken to hospital. A FIR was thus registered against the accused(s) u/s 302, 114, 323 of the Indian Penal Code, Section 135, 37(1) of the Gujarat Police Act and Section 3(2)(5) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act.Pursuant to the investigation, the accused(s) were chargesheeted for the offences u/s Sections 302, 342, 354, 323, 143, 147, 148, 149 of the Indian Penal Code 1860, Section 3(1)(r)(s), 3(2)(5) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Section 135 of the Gujarat Police Act, 1951 ...

'State & Director Of Prosecution Failed In Duties' : Supreme Court Pulls Up Gujarat Govt For Not Appealing Against Bail Order In Murder Case

Shruti Kakkar

The Supreme Court directed the State Government and the Director of Prosecution to take prompt decisions regarding filing appeals in serious offences.

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