Senior Advocate Dushyant Dave, representing the families of the victims said that the High Court while granting bail to Mishra failed to consider relevant facts and the order “suffers from gross non application of mind.”
He also said that the High Court examined unnecessary issues relating to bullet injury etc which were not relevant considerations in a bail matter.
“The High Court was wrong in considering the question on bullet injury when they drove the car in rash and negligent way,” Dave said.
The Bench concurred with Dave.
“How can judge go into postmortem etc? We are hearing a bail matter, we dont want to prolong. prima facie question is whether bail needs to be cancelled or not. we dont want to entertain nonsense questions like which car, post mortem etc. This way of going into merits and going into wounds etc is unnecessary for the question of bail,” CJI Ramana said.
The Bench also asked whether the victims were heard by the High Court before grant of bail.
Dave replied in the negative.
“None of them. They could not appear since they were disconnected (from virtual hearing). But they joined right back,” Dave said.
He also argued that Mishra’s acts were deliberate.
“Accused went on a route knowing fully well that 10,000 to 15,000 people had gathered therein. Ashish Mishra and his friends raised slogans and crushed the farmers with intention to kill them. 4 farmers and one journalist died because of this,” Dave contended.
Senior Counsel Ranjit Kumar, appearing for Mishra, said that the High Court went into the aspect of bullet injury because the first information report said that there was death due to firearms.
He also said that it was not correct on the part of the victims to claim that they were not heard since they had failed to file a counter-affidavit before the High Court.
“It was in November 2021 that I applied for bail and notice was issued. They did not file a counter. Then again in January they did not file a counter and now they say they were not heard,” Kumar argued.
He also said that if the Supreme Court cancels bail, then Mishra will be left remediless.
“If this court cancels bail then which court will grant me bail again and I will stay behind bars….what is my remedy My Lord. If you cancel my bail then no court will touch the order with a bargepole,” Kumar contended.
Source: Barandbench
