Investigation Transfer To CBI Cannot Be Ordered While Rejecting Bail Application: Supreme Court

Read Judgment

The Supreme Court granted bail to the appellants, overturning the High Court's decision to deny bail and transfer the investigation to the CBI.

Summary of Supreme Court Order

• Case: Abhishek & Anr. vs. The State of Rajasthan & Ors.

• Appeal: Criminal Appeal No. 4283 of 2024

• Decision: The Supreme Court granted bail to the appellants, overturning the High Court's decision to deny bail and transfer the investigation to the CBI.

• Action: Appellants must be produced before the Trial Court within one week; bail is to be granted on appropriate terms until the trial conclusion.

• Date of Order: October 21, 2024.

The Supreme Court held on October 21 that the Court cannot transfer the investigation to another agency while dealing with a bail application filed under Section 439 of the CrPC.

The Rajasthan High Court's order to transfer the investigation to the CBI was passed in a murder case involving the bajri (sand) mafia. The case involved the killing of a 22-year-old man from a marginalized Scheduled Caste/Scheduled Tribe (SC/ST) community, allegedly murdered at the behest of the sand mafia to "set an example" and protect its interests.

Justice Sameer Jain's single-judge bench transferred the case to the CBI after observing multiple discrepancies in the investigation conducted by the state police and the Criminal Investigation Department (CID).

The High Court found that the investigation was "unfair, tainted, and incomplete," particularly in the medical reports, which had conflicting findings regarding the cause of death. The postmortem report indicated 14 injuries on the victim's body, including severe injuries to his neck, which were considered the primary cause of death. Despite these findings, the state medical experts attributed the death to intoxication and deemed the injuries "simple," leading the Court to question the investigation's integrity.

Further, the Court noted procedural lapses in the handling of the case under the SC/ST Act. The FIR was delayed by three days, and several key provisions of the Act needed to be followed, which hampered evidence collection. Despite allegations against individuals connected to the sand mafia, no charges were filed against them. The family of the deceased also alleged that they were pressured to enter into a compromise through threats or financial incentives.

In light of these factors, the Rajasthan High Court deemed it necessary to transfer the investigation to the CBI.