SC sends RJD leader Shahabuddin back to jail in murder case

Controversial RJD leader Shahabuddin was back in prison 20 days after his release, as the Supreme Court today set aside the Patna High Court order granting him bail in a murder case saying the discretion to release must be applied in "judicious manner" and "not as a matter of course".
"The order passed by the High Court granting bail to the respondent-accused (Shahabuddin) is set aside and the state is directed to take all consequential steps, inter alia, for taking him to custody forthwith," a bench comprising Justices P C Ghose and Amitava Roy said.
The bench, which clarified that it was not expressing any opinion on the merits of the case pending against the RJD leader, asked Bihar government and the concerned court to take "all steps as contemplated in law to dispose of the case, as early as possible".

Referring to various judgements on bail, it said, "Judged on entire conspectus of the attendant facts and circumstances, and considering the stage of the present case before the trial court where charge-sheet has already been submitted, together with pending proceedings against the respondent-accused as on date, and his recorded antecedents in the various decisions of this court, we are thus unable to sustain the impugned order of the High Court granting bail to him."
In its 10-page order, the apex court dealt with various aspects of the submissions and said, "Although it has to be accepted that the respondent-accused has already been granted bail by the concerned courts in other cases, a duty is cast upon the court in addressing such a prayer in a case on its own merit, and while applying its discretion, it must be applied in a judicious manner and not as a matter of course."

Shahabuddin was granted bail by the Patna High Court on September 7 in the Rajiv Roshan murder case and was released from Bhagalpur jail on September 10. He has already remained in jail for 11 years in connection with several cases.

The court said there was an allegation that Shahabuddin
had entered into a conspiracy to eliminated a witness in an earlier murder case against him, days before he was to finally testify in support of the charge.
Referring to the judgement, the bench said though the period of custody is a relevant factor while dealing with bail pleas, the "totality of the circumstances and criminal antecedents" have also to be "weighed" simultaneously.

"In the instant case, having regard to the recorded allegations against the respondent-accused (Shahabuddin) and the overall factual scenario, we are of the view, having regard in particular to the present stage of the case in which the impugned order has been passed, that the High Court was not justified in granting bail on the considerations recorded," it said.
It rejected the plea that on the day when Roshan was killed, Shahabuddin was lodged in Siwan jail and hence it was improbable that he took part in the crime.
"Qua the assertion that the respondent-accused was in judicial custody on the date on which the incident of murder in the earlier case had occurred, the judgment and order of the trial court convicting him has recorded the version of the brother of the deceased therein, that he had seen the respondent-accused participating in the offence," it said.

On "balancing the considerations of individual liberty
and societal interest", the apex court said the High Court had erred in granting bail to Shahabuddin.
"On a careful perusal of the records of the case and considering all aspects of the matter in question and having regard to the proved charges in the concerned cases and the charges pending adjudication against the respondent-accused and further 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 the respondent- accused without taking into consideration the overall facts otherwise having a bearing on the exercise of its discretion on the issue," it said.

The court had rebuked the Nitish Kumar-led Bihar government, which has RJD as its coalition partner, for its lax approach in opposing bail granted to the RJD strongman in various cases at different judicial forums including the High Court.