The bench of Justices V. Ramasubramanian and Pankaj Mittal today observed that an accused in a criminal case cannot be kept in jail on the wishes of the complainant.

This observation of the Supreme Court came in a case filed by 2 accused persons whose bail was cancelled by the Rajasthan High Court on the ground that the accused while filing a bail application before the Ld. Trial Court concealed the fact that the same accused was given the liberty to renew the bail application after the Statement of the injured witnesses.

It was urged by the advocate for the petitioner/accused Rishi Matoliya that although the High Court had granted liberty to the accused to renew his bail application after the statement of injured witnesses the injured witnesses have not been examined till today.

It was argued by the Advocate for the State Ketan Paul that the statement of the injured witnesses could not take place since the complainant has filed an application under section 216 CRPC. 

The Supreme Court observed that although the complainant had got the bail cancelled but he has not chosen to appear before the Supreme Court and the State has not filed the appeal before the High Court. It was also observed that both the accused have undergone about 8 months in jail and charge-sheet has already been filed in the case, therefore, an accused cannot be sent to jail only on the wishes of the complainant.

Case Details:-

SLP(Crl) No. 4647/2022

PREM CHAND AND ANR.
Versus
THE STATE OF RAJASTHAN AND ANR.