Shahabuddin to go back to jail as SC cancels bail

Controversial Rashtriya Janata Dal leader Shahabuddin was back in prison 20 days after his release, as the Supreme Court on Friday 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.

Roshan, the eye witness to the gruesome killings of two of his younger siblings, was also killed few days before his proposed testimony in the murder case of his brothers.

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.

The court, however, refrained from "elaborating further on this aspect", saying the appeal against the trial court's conviction was pending in an appeal before the high court.

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