Supreme Court Grants Interim Bail to Law Student for Exams Amidst Challenged High Court Decision in Protest Case

Supreme Court Law Insider

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Published on: 23 July 2023 at 12:38 IST

The Supreme Court granted interim bail to a law student, allowing them to appear for their upcoming exams scheduled between July 24 and August 7, 2023. The student had filed a Special Leave Petition (SLP) challenging a previous decision by the Chhattisgarh High Court, where bail was denied to the student and other co-accused as the trial had not yet started.

The matter was brought before the Supreme Court after the Chief Justice of India permitted its consideration upon mentioning.

The student in question was allegedly involved in a protest near Bilaspur Police Station, during which the main gate was forcibly opened, leading to clashes with police authorities and staff.

During the hearing of the case, a bench comprising Justice Sanjay Kishan Kaul and Justice Sudhanshu Dhulia issued a notice returnable in four weeks. The petitioner was represented by Advocate Manoj Selvaraj S.

The student had participated in the protest demanding the non-registration of a case against the accused Shiv Kumar Singh and others under various sections of the Indian Penal Code (IPC), including Sections 147, 148, 294, 323, 506, 325, and 307.

As a consequence of the student’s actions, an FIR was registered against them under Sections 147, 341, 332, and 353 of the IPC, leading to their arrest. Given the student’s status as a law student and the impending semester exams, they were granted interim bail from April 6, 2023, to April 25, 2023.

However, the petitioner’s bail application, along with those of other co-accused individuals, was rejected by the High Court on May 15, 2023.

The Chhattisgarh High Court, presided over by Justice Sanjay S. Agrawal, observed that considering the forceful opening of the police station’s main gate and the altercation with police authorities and employees, they were not inclined to grant bail, especially when the trial was yet to commence.

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