Sabita Paul vs The State Of West Bengal

2024 INSC 245 Non-Reportable

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO…………………….2024 (@ Special Leave Petition(Criminal)No.14053 of 2023)

SABITA PAUL … APPELLANT(S)

VERSUS

THE STATE OF WEST BENGAL & ANR. … RESPONDENT(S)

JUDGMENT

SANJAY KAROL, J.

Leave granted.

2. On the basis of complaint filed by Smt. “X” (hereinafter referred to as the

complainant), and pursuant to the order passed by the Judicial Magistrate,

Siliguri, West Bengal, FIR No.438 of 2022 dated 07.05.2022 was registered at

Police Station, Siliguri, against two accused persons namely, Supratim Paul and

his mother Sabita Paul. It is alleged that Supratim Paul, the neighbour of the

complainant had discreetly taken photographs of the complainant without her Signature Not Verified Digitally signed by knowledge or consent and that such photographs were obscene, indecent, Jayant Kumar Arora Date: 2024.03.22 17:25:55 IST Reason:

salacious, and offensive and were threatened to be circulated on the social media

1|SLP(Crl.)No.14053 of 2023 platforms. Supratim Paul approached the complainant to extort money, but his

demands were not met. Further, Supratim Paul shared the same on the phone of

his mother (present appellant) who also in conspiracy with her son tried to

blackmail the complainant to extort money. In a nutshell, this is the case set out

by the complainant.

3. The record reveals that the prime accused Supratim aged 23 years stands

enlarged on bail and no challenge has been laid to the said bail order.

4. It is also a matter of record that the instant appellant i.e. Sabita Paul, the

mother of the prime accused moved an application seeking anticipatory bail,

firstly before the Sessions Court and thereafter before the High Court which

indisputably stood rejected. This was all before the filing of the charge sheet

dated 07.05.2022. It is a matter of record that post dismissal of such applications,

on 20.01.2023, the instant appellant again applied for anticipatory bail before the

High Court which stood allowed vide order dated 12.06.2023 (Annexure P-9 page

83). The complainant by filing an application under Section 439(2) of the Code

of Criminal Procedure, 1973 sought cancellation of such an order which stood

allowed vide impugned order dated 20.09.2023 on the ground that the instant

appellant had suppressed “material facts of” dismissal of her previous attempts

to secure anticipatory bail.

5. The appeal thus arises out of such order of cancellation of granting

anticipatory bail. At this juncture, we may also note that this Court vide order

dated 06.11.2023 had granted interim protection in favour of the accused subject

2|SLP(Crl.)No.14053 of 2023 to all cooperating in the investigation and trial. Before us, it is not in dispute that

the instant appellant is in full compliance with such an order. It is not the case of

the respondents that post the grant of interim protection the appellant, has, in any

manner impeded the cause of justice.

6. The concept of anticipatory bail came to be part of the criminal law

landscape via the 41st Report of the Law Commission which recommended the

inclusion of such a provision, which then stood incorporated in the Code of

Criminal Procedure, 1973. Over the years, many judgments of this Court have

considered that a Court must weigh while considering an application for

anticipatory bail. In Dr. Naresh Kumar Mangla v. Anita Agarwal & Ors1., a

three-Judge Bench laid down the following factors :

“17. The facts which must be borne in mind while considering an application for the grant of anticipatory bail have been elucidated in the decision of this Court in Siddharam Satlingappa Mhetre v. State of Maharashtra [Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694 : (2011) 1 SCC (Cri) 514] and several other decisions. The factors to be considered include : (SCC pp. 736-37, paras 112-13) “112. … (i) the nature and gravity of the accusation and the exact role of the accused must be properly comprehended before arrest is made;

(ii) the antecedents of the applicant including the fact as to whether the accused has previously undergone imprisonment on conviction by a court in respect of any cognizable offence;

(iii) the possibility of the applicant fleeing from justice;

(iv) the likelihood of the accused repeating similar or other offences;

(v) whether the accusations have been made only with the object of injuring or humiliating the applicant by arresting them;

(vi) the impact of the grant of anticipatory bail particularly in cases of large magnitude affecting a very large number of people;

1 (2021) 15 SCC 777

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(vii) the courts must carefully evaluate the entire material against the accused. The court must also clearly comprehend the exact role of the accused in the case. The cases in which the accused is implicated with the help of Sections 34 and 149 of the Penal Code, 1860 the court should consider with even greater care and caution because over implication in such cases is a matter of common knowledge and concern;

(viii) while considering the prayer for grant of anticipatory bail, a balance has to be struck between two factors, namely, no prejudice should be caused to the free, fair and full investigation and there should be prevention of harassment, humiliation and unjustified detention of the accused;

(ix) the reasonable apprehension of tampering of the witnesses or apprehension of threat to the complainant;

(x) frivolity in prosecution should always be considered and it is only the element of genuineness that shall have to be considered in the matter of grant of bail and in the event of there being some doubt as to the genuineness of the prosecution, in the normal course of events, the accused is entitled to an order of bail.”

7. A perusal of the record reveals that the prime accused, namely, Supratim

Paul has been charged under Section 376, 354, 389, 506, and 120-B IPC and he

has been granted anticipatory bail. The present appellant has been charged under

Section 120-B IPC and Section 67A of the Information & Technology Act, 2000.

It can be seen that the alleged act of the instant appellant is inextricably bound to

the acts of the prime accused. It is alleged that he had secured pictures of the

complainant, that were compromising in nature, which then the instant appellant

used to extort and to blackmail the complainant.

8. While granting anticipatory bail to the prime accused, the learned District

Judge had observed that it was not a fit case for custodial interrogation. It has not

been brought to our notice that such an order of anticipatory bail has been

4|SLP(Crl.)No.14053 of 2023 challenged and if it has, what fate has it met? Then, it follows that the secondary

accused would also be not required, in the attending facts to be interrogated in

custody.

9. Grant of bail based on parity is not a claim of right. The same is well-

established. While applying this principle of parity, the Court is required, as was

recently observed in Tarun Kumar v. Assistant Director Directorate of

Enforcement2, the Court is required to focus on the role attached to the accused

whose application is under consideration. In the facts, the prime accused who is

alleged to have initially conducted the blackmail, whom the complainant is said

to have paid ‘hush-money’, has been granted bail and the role played by the

instant appellant was only to further the alleged acts of her son. She has not acted

independently, to further aggravate the situation.

10. In that view of the matter, we find it fit to confirm the order dated

12.06.2023 granting anticipatory bail to the instant appellant, setting aside the

order of cancellation of bail passed by the Division Bench in the impugned

judgment and order. We reiterate that the condition upon which this Court granted

interim protection, which was that the appellant would extend all cooperation in

the investigation and trial still accompanies.

2 2023 SCC OnLine SC 1486

5|SLP(Crl.)No.14053 of 2023

11. The appeal is allowed with the above observations. Pending application(s),

if any, shall stand disposed of.

………………………… J.

[ VIKRAM NATH ]

…………………………. J.

[ SANJAY KAROL ]

New Delhi;

March 22, 2024

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