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The Delhi High Court's judgment to grant Kumar bail on March 4 was overturned by an order issued by a bench comprising Justices Sanjay Karol and Prashant Kumar Mishra.
The Supreme Court and Sushil Kumar
Olympian wrestler Sushil Kumar, who is accused of killing another wrestler, Sagar Dhankhad, in 2021, had his bail revoked by the Supreme Court on Wednesday.
The Delhi High Court's March 4 judgment to grant Kumar bail was overturned by an order issued by a bench comprising Justices Sanjay Karol and Prashant Kumar Mishra.
Within a week, Kumar must turn himself in and return to jail.
The High Court erred in awarding Kumar bail, the top court ruled.
"The (High) Court errored by inter alia, not considering the grievous nature of the crime, the possibility of influencing the trial by the Accused and the conduct of the accused during investigation," it wrote.
The Bench further noted that Kumar had eluded capture for days prior to his eventual capture following the issuance of non-bailable warrants. The Court further stated, in reference to the gravity of the accusations made against the accused wrestler,
The national capital was turned into a criminal playground to settle scores, disregarding the law of the land, according to the accusations in the FIR. The defendants are accused of kidnapping certain people, attacking them forcefully with deadly weapons, and seriously injuring them. Because of the severity of the injuries, the complainant's son, Sagar Dhankhad, tragically passed away.
Furthermore, it was mentioned that because Kumar was a well-known wrestler and Olympian, he had a lot of power and that his actions affected society. The Court further stated that witnesses had also voiced concerns that if Kumar was permitted to stay on bail, their lives would be in danger.
"Certain witnesses had, in writing lodged complaints, apprehending threat to their lives at the behest of the Accused," the judge stated.
One of the people accused of bringing Sagar Dhankhad to Delhi's Chhatrasal Stadium at gunpoint and brutally abusing him until his death in May 2021 is Kumar.
Dhankad's father asserted during the trial court proceedings that Kumar had a "clear motive" to "eliminate" Dhankhad since the young wrestler had the potential to "dethrone the supremacy" of the more seasoned competitor.
After evading capture for around 20 days, Kumar was taken into custody on May 23, 2021. After being given temporary bail three times, he turned himself up and returned to custody. In 2024, he finally submitted a standard bail plea to the Delhi High Court, which the court granted in March of this year.
The High Court observed that notwithstanding the seriousness of the charges against Kumar, the trial proceeded slowly. The Court granted Kumar release because it was doubtful that the trial would end soon and since he had been in jail for more than three years by that point.
In an appeal, Dhankad's family contested this before the Supreme Court.
The top court stated today that Kumar's repeated return to jail after his interim bail period ended was one among the issues the High Court took into account before granting bail.
It did note, nevertheless, that the State has maintained that witnesses in the case became antagonistic each time Kumar was freed on temporary bail. The Court stated that it was not endorsing the State's argument that Kumar was to blame for the hostile reactions of these witnesses. However, it also stated,
"This trend highlights the potential for the accused to meddle in the trial. Notably, 28 of the 35 witnesses questioned have been antagonistic.
It then went on and granted the appeal and revoked Kumar's bail.
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