Today, the Supreme Court has held in a Judgment that long delay caused in Filing of FIR can be valid consideration for grant of Anticipatory Bail.
A Bench of Hon’ble Justice Ashok Bhushan, Hon’ble Justice Subhash Reddy and Hon’ble Justice M.R. Shah has observed aforesaid while allowing anticipatory bail application of Former DGP Punjab, Sumedh Singh Saini.
Sumedh Singh was seeking bail in connection with Balwant Singh Multani Murder Case of 1991.
The Bench observed that in view of the fact that the FIR has been lodged after almost 29 years from the date of incident and after a lapse of 9 years from the date of decision of the Supreme Court in the case of Davinder Pal Singh Bhullar, a case is made out to grant anticipatory bail.
It has been further observed that delay is not always fatal to the criminal proceedings but it depends upon the facts and circumstances of each case.
What was the FIR about?
As per the FIR, Balwant Singh Multani was killed in 1991 during the tenure of Sumed Singh Saini as Senior Superintendent of Police, Chandigarh. The police came in the morning and took Multani away and thereafter his dead body was found. The whole incident is alleged to be state sponsored.
Title: Sumedh Singh Saini vs. State of Punjab
Case No. CRIMINAL APPEAL NO.827 OF 2020
CORAM: Hon’ble Justice Ashok Bhushan, Hon’ble Justice Subhash Reddy and Hon’ble Justice M.R. Shah