On November 28, 2024, the Supreme Court dismissed Special Leave Petitions (SLPs) filed by four convicts challenging the cancellation of their post-conviction bail by the Allahabad High Court. The case involved the murder of six individuals, with the convicts initially granted interim bail by a Chief Judicial Magistrate (CJM) based on a previous High Court order. However, the bail was later invalidated following a full-bench ruling.
The convicts were released on March 11, 2024, under the directions of the Allahabad High Court’s decision in Ganesh v. State of Uttar Pradesh (January 10, 2024), which authorized CJMs to release convicts on interim bail if their remission or premature release applications were pending. However, a full bench in Ambrish Kumar Verma v. State of Uttar Pradesh (May 25, 2024) overruled this, affirming that remission powers solely reside with the government. Consequently, the bail granted to the petitioners was revoked on October 19, 2024, by the Allahabad High Court.
Before a Supreme Court bench comprising Justices Bela M. Trivedi and Satish Chandra Sharma, the petitioners argued that the cancellation order was flawed, as it considered factors not initially raised and disregarded the fact that their bail preceded the full-bench ruling. However, Justice Sharma emphasized the need to adhere to the higher bench’s ruling for judicial discipline. He criticized the original bail decision, noting, “Six people were slaughtered… the Chief Judicial Magistrate cannot grant bail in such cases. This is never heard of.”
While dismissing the petitions, the Supreme Court directed the Allahabad High Court to expedite the pending criminal appeals within six months. The case underlines the principles of judicial discipline, affirming that lower courts must follow larger bench decisions to maintain the integrity of judicial proceedings.
Case Details:
MOHD. JAHEER @ MUNNE AND ORS. v. THE STATE OF UTTAR PRADESH AND ANR., SLP(Crl) No. 13948-13949/2024.
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