Supreme Court releases four accused acquitted in the 2008 Jaipur Bomb blasts on conditions

On May 17, 2023, the Supreme Court ordered to release the four persons acquitted by the Rajasthan High Court in the 2008 Jaipur Bomb blasts case where 71 persons died and 185 persons got severe injuries. While giving the order, the bench said to release them “if their detention is not required in any other case”. In March, thPuni Devi & Ors. vs. Tulsi Ramwas upheld. One of the accused was found to be a juvenile at the time of commission of crime. The bench of Justices Rajesh Bindal and AS Oka imposed certain conditions while refusing to stay on the order delivered by the High Court. The conditions include, “(1) Before the release of the accused based on the High Court’s judgment, strict compliance should be made with paragraph 94 of the judgment which deals with bail bonds. (2) All accused persons are required to submit their passports (if any) with the State of Rajasthan. (3) If the accused fail to report to the office of the Rajasthan ATS, it will be always open for the State of Rajasthan to move the Supreme Court.” 

The Supreme Court bench also ordered to initiate an inquiry and disciplinary proceedings against the investigating officers when Attorney General pointed out that harsh language was used by the High Court against the investigation officials. Today, AG argued that “This is too strong an observation, and that too, in a matter like this where more than 5-6 of such incidents took place all over the country and one led to discovery of yet another bomb blast. It is too serious, a matter.” During the proceedings today, AG seeks an order for the continued detention of the four accused. In this context, the bench observed that “Before we examine the drastic prayer made by Attorney General, we will have to examine the evidence and other material on record before the High Court and we will have to hear the accused. We, therefore, direct in three weeks from today, the complete paper book is filed on record on the basis of soft copies supplied by the Court.” The entire record of the Trial Court was called by the top Court and ordered the State of Rajasthan to make sure the same is completed within eight weeks. The bench also directed to list the matter before the Chief Justice of India as the matter is an appeal against the death sentence.

Along with this, the top Court bench in an argument with AG also stated that “Even if you are right, you are calling upon us to hear the appeal. We will have to go into the merits and record a finding, whether these persons should continue in jail or not.” It added, “We will have to hear them…we are not inclined to pass that order today (to keep the accused in jail even after acquittal). We are aware that there is a power under Section 390 under the CrPC. Even assuming that you are right, before passing such a drastic order, we will have to go through the evidence, we will have to consider the issue of prima facie case, otherwise, it’s a serious order to pass that after acquittal persons will continue to remain in custody till disposal of the appeal. Therefore, we will have to apply our mind to the merits of the case.”