Supreme Court: Participation in protest and expression of strong views is not violation of bail conditions-bail is not liable to be cancelled on that ground

As far as the first FIR is concerned, it is about

participation in a protest on 6th December, 2022 for

making a grievance about the demolition of Babri Masjid.

The second FIR relates to an allegation that the

appellant and others spoke furiously and demanded release

of certain persons in custody. We do not think that only

by expressing his strong views about the demolition of

the masjid and by demanding release of prisoners, it can

be said that the appellant has misused the liberty

granted to him under the order dated 25th July, 2022.

Even otherwise, we are of the view that the grounds

mentioned in the impugned order cannot constitute grounds

for cancellation of bail. Strong criticism of the

Hon'ble Chief Minister is not a violation of bail order.

Therefore, we set aside the impugned order dated 7th June,

2022 and restore the order of the High Court dated 6th

August, 2021.

 IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO.1994 OF 2024

A.DURAIMURUGAN PANDIYAN SATTAI @ DURAIMURUGAN  VS. STATE REP. BY THE INSPECTOR OF POLICE & ANR.

Dated: April 08, 2024.

Leave granted.

Heard the learned counsel appearing for the

appellant and the learned senior counsel appearing for

the respondents.

By the impugned order, the benefit of bail granted

to the appellant was cancelled. While issuing notice on

25th July, 2022, this Court continued the bail granted to

the appellant on 6th August, 2021 by the High Court.

Thus, under the interim order of this Court, the

appellant continues to be on bail for more than 2½ years.

The learned senior counsel appearing for the

respondent-State relies upon additional counter

affidavit. He pointed out that the appellant has misused

the liberty granted to him. He invited our attention to

the First Information Reports dated 6th December, 2022 and

23rd March, 2023. We have perused the allegations made in

the First Information Reports.

As far as the first FIR is concerned, it is about

participation in a protest on 6th December, 2022 for

making a grievance about the demolition of Babri Masjid.

The second FIR relates to an allegation that the

appellant and others spoke furiously and demanded release

of certain persons in custody. We do not think that only

by expressing his strong views about the demolition of

the masjid and by demanding release of prisoners, it can

be said that the appellant has misused the liberty

granted to him under the order dated 25th July, 2022.

Even otherwise, we are of the view that the grounds

mentioned in the impugned order cannot constitute grounds

for cancellation of bail. Strong criticism of the

Hon'ble Chief Minister is not a violation of bail order.

Therefore, we set aside the impugned order dated 7th June,

2022 and restore the order of the High Court dated 6th

August, 2021.

Needless to add that in case of any misuse of the

liberty by the appellant, it will be always open for the

respondent to apply for cancellation of bail.

The appeal is accordingly allowed.

..........................J.

(ABHAY S.OKA)

..........................J.

(UJJAL BHUYAN)

NEW DELHI;

April 08, 2024.