SC strikes down HC bail order, sends Shahabuddin back to jail

The Supreme Court on Friday ordered RJD strongman Mohammad Shahabuddin back in jail in the Rajiv Roshan murder case as it pointed to the need for balancing consideration for individual liberty with societal interest.

Roshan, who was the sole witness to the killings of his two brothers, was allegedly killed by Shahabuddin's henchmen, including his son Osama, days before he could finally depose in the case realting to his brothers' murder.

Setting aside Patna High Court's order of September 7 to grant bail to Shahabuddin, a bench of Justice Pinaki Chandra Ghose and Justice Amitava Roy said: "The state (Bihar) is directed to take all consequential steps, inter alia, for taking him to custody forthwith."

It directed "the state and the concerned court to take all steps as contemplated in law to dispose of the case, as early as possible".

Referring to the cases in which the former Rashtriya Janata Dal MP has been convicted and those pending trial, the order said: "Balancing the considerations of individual liberty and societal interest, as well as the prescriptions and the perception of law regarding bail, it appears to us that the High Court has erred in granting bail" to Shahabuddin.

The apex court said the bail was granted to Shahabuddin "without taking into consideration the overall facts otherwise having a bearing on the exercise of its discretion on the issue."

Referring to the recorded allegations against Shahabuddin and the overall factual scenario and the present stage of Rajiv Roshan case, the apex court said: "We are of the view that the High Court was not justified in granting bail on the considerations recorded."

The court's order came on an appeal by the Bihar government and Rajiv Roshan's father Chandrakeshwar Prasad who had challenged the High Court order.

Shahabuddin was released on September 10 from the Bhagalpur central jail after the grant of bail.

Referring to an earlier judgment of the top court in 2012, Justice Ghose, pronouncing the order, said the apex court had held that "though the period of custody is a relevant factor, the same has to be weighed simultaneously with the totality of the circumstances and the criminal antecedents (of the accused)".

"These are to be weighed in the scale of collective cry and desire and that societal concern has to be kept in view in juxtaposition to individual liberty," the order said citing the 2012 judgement.

One of the factors that weighed with the high court in granting bail to Shahabuddin was that he was shown to be arrested in the case on November 27, 2014, whereas the trial had not commenced yet.

Shahabuddin was already in jail when he was shown as arrested in the Rajiv Roshan murder case.

A report from Patna said Shahabuddin surrendered in a court in Bihar's Siwan district soon after the Supreme Court cancelled his bail. He was taken into custody by the state police, officials said.

After surrendering in court, Shahabuddin told the media that he respected the apex court's decision.

--IANS

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