Victim has right to participate in every step of criminal process till conclusion of appeal: Supreme Court in Ashish Mishra bail order

A victim of a crime cannot be asked to wait till the trial begins to assert his/ her right to participate in criminal proceedings against the accused, the Supreme Court observed on Monday while cancelling the bail granted to Ashish Mishra in the Lakhimpur Kheri violence case [Jagjeet Singh vs Ashish Mishra]..The Bench of Chief Justice of India NV Ramana, and Justices Surya Kant and Hima Kohli said that a victim of crime has the right to to be heard at every step right from the stage of investigation till the culmination of the proceedings in an appeal or revision"A ‘victim’ within the meaning of Code of Criminal Procedure (CrPC) cannot be asked to await the commencement of trial for asserting his/her right to participate in the proceedings. He/ she has a legally vested right to be heard at every step post the occurrence of an offence. Such a ‘victim’ has unbridled participatory rights from the stage of investigation till the culmination of the proceedings in an appeal or revision," the judgment said. The Court in the instant case remanded the matter to the High Court for fresh consideration, since the victims of the crime i.e., the family members of the deceased, were denied a chance of effective hearing before the Allahabad High Court. The family members in this case have a legally vested right to be heard at every step, the Bench observed. .On October 3 last year, eight people were killed in Lakhimpur Kheri during violence that erupted when farmers were protesting against the now revoked farm laws. The protesters had impeded the visit of Uttar Pradesh Deputy Chief Minister Keshav Prasad Maurya, who was planning to attend an event in the area.During the protests, a four-wheeler belonging to Mishra, son of Union Minister Ajay Mishra Teni, had allegedly mowed down and killed eight persons, including the protesting farmers.Mishra was arrested on October 9, 2021 a the Special Investigation Team (SIT) after 12 hours of questioning and was sent to three days police custody.In November 2021, a trial court had rejected Mishra's application for bail, prompting Mishra to move the High Court.Justice Rajeev Singh of the Allahabad High Court then granted bail to Mishra on February 10, stating that there might have been a possibility that the driver of the vehicle that mowed down the protesting farmers sped up the vehicle to save himself.After the Allahabad High Court granted bail to Mishra in the case, the family members of the deceased had approached the Supreme Court in appeal, seeking cancellation of the bail since the State of Uttar Pradesh did not file an appeal against the bail order..Expressing disappointment at the way the High Court handled the case, the apex court noted that an application seeking a re-hearing on the ground that the victims could not participate in the proceedings, was also moved."But it appears that the same was not considered by the High Court while granting bail to the respondent-accused", the Bench noted. This meant that the victims were denied a fair and effective hearing at the time of granting bail, the Court said. .Pertinently, the apex court held the following with respect to exercise of powers under Section 439 of the Criminal Procedure Code by High Courts to grant bail: 1. Court while deciding an application for bail, should refrain from evaluating or undertaking a detailed assessment of evidence, as the same is not a relevant consideration at the threshold stage; 2. While a Court may examine prima facie issues, including any reasonable grounds whether the accused committed an offence or the severity of the offence itself, an extensive consideration of merits which has the potential to prejudice either the case of the prosecution or the defence, is undesirable..With regard to power to interfere in the bail granted, the top court held that it can rightfully cancel the same on the basis of relevant considerations like the following: (i) irrelevant considerations having impacted the order granting bail; (ii) the High Court exceeding its jurisdiction by touching upon the merits of the case; (iii) denial of victims’ right to participate in the proceedings; and (iv) the tearing hurry shown by the High Court in entertaining or granting bail to the respondent/accused..Mishra, son of Union Home Minister of State Ajay Mishra Teni, has to surrender before the police within a week, the Supreme Court ruled..[Read Judgment]