New Delhi, Sep 30, 2016: SC strikes down HC bail order for jailing Shahabuddin. 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.
SC strikes down HC bail order for jailing Shahabuddin.
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” as SC strikes down HC bail order for jailing Shahabuddin.
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 when SC strikes down HC bail order for jailing 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” as SC strikes down HC bail order for jailing Shahabuddin.
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.
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