Supreme Court Frames Guidelines for High Courts For Adjudicating Bail Pleas

By:-Manik Tindwani

While rescinding bail granted to an accused the Hon’ble Bench comprising of Justice DY Chandrachud and Justice MR Shah construed as to what factors are to be considered while adjudicating on a bail plea. The Hon’ble Supreme Court on Tuesday cancelled the bail granted by the High Court to the person who was accused of murder under Section 302 of the Indian Penal Code, 1860 stating the reason that there was a high probability of repetition of the offence and grant of such bail would pose threat to the safety of the appellant.

In the instant case, the Hon’ble Apex Court also held that while deciding on any bail plea all the Courts the regard has to be made to the following:

  1. Whether there exist some prima facie or reasonable grounds to believe that the accused has committed the offence;
  2. Nature and gravity of the accusation;
  3. Severity of punishment in the event of conviction;
  4. Probability of accused absconding, if released on bail;
  5. Character, behaviour, and standing of accused including inter alai his/her antecedents;
  6. Likelihood of offence being repeated;
  7. Reasonable apprehension of witness being influenced;
  8. Danger of justice being affected for grant of bail;

The Court remarked that “the High Court has committed a grave error in releasing the accused on bail.” The Court also observed the fact that in a similar case the High Court had denied the grant of such bail after the accused committed a heinous crime after being released on bail. In too, the felonious nature of the accused, high plausibility of subsequent commission of an offence, and threat on the life of the appellant prompted the Hon’ble Supreme Court to quash the order of the High Court.

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