RAMRATAN @ RAMSWAROOP & ANR. VERSUS THE STATE OF MADHYA PRADESH, 2024 (SC) 846
Facts: An FIR was lodged on 22nd April 2024 for offences punishable under Sections 294, 323, 506, 447, 147, 148, and 458 of the Indian Penal Code, 1860, at Police Station Road, Ratlam, Madhya Pradesh. The complainant alleged that the appellants, along with others, forcibly entered his property after breaking a wall and assaulted his family members. In connection with this, the appellants were arrested on 27th April 2024. The appellants' first bail application was dismissed as withdrawn on 29th May 2024, with the liberty to renew the prayer after the chargesheet was filed. The chargesheet was filed against the appellants on 20th June 2024 under Sections 294, 323, 506, 447, 147, 148, 458, 149, and 326 IPC. Following this, the appellants filed a second bail application, which was allowed. However, the appellants filed the present appeal challenging the onerous conditions imposed by the High Court while granting bail.
Issue:Is the possession of immovable property taken by the police without legal sanction lawful?
Observation: In this case, the Supreme Court disapproved of the police's action in taking possession of immovable property by seizing the keys under an application filed by the litigant. Setting aside the conditions imposed by the High Court, the Court held that the High Court had exceeded its jurisdiction under Section 439 of the Criminal Procedure Code (Cr.P.C.) by imposing onerous and unreasonable conditions unrelated to the grant of bail, including the direction to remove the wall at the appellants' expense and hand over possession of the disputed property to the complainant. The Court stated that such conditions were impermissible as they amounted to deprivation of civil rights.
