Published on: 30 July 2023 at 12:45 IST
Court: Supreme Court
Citation: Panchanan Mishra V. Digambar Mishra (2005)
Honourable Supreme Court of India has observed that while granting bail, the Criminal Courts must consider the nature and gravity of the circumstances in which the offence is committed, the position and status of the accused with reference to the victim and witnesses, the likelihood of the accused fleeing from justice, of repeating the offence, of jeopardising his own life being faced with the grim prospect of the possible conviction in the case, of tampering with a witness, the history of the case as well as of its investigation and other relevant grounds.
It was further observed that apprehension of the prosecution of likelihood of the accused persons tampering with the prosecution witnesses in relation to the eyewitnesses must be given serious consideration with regard to the tampering with the eyewitnesses.
13. We have given our careful consideration to the rival submissions made by the counsel appearing on either side.
The object underlying the cancellation of bail is to protect the fair trial and secure justice being done to the society by preventing the accused who is set at liberty by the bail order from tampering with the evidence in the heinous crime and if there is delay in such a case the underlying object of cancellation of bail practically loses all its purpose and significance to the greatest prejudice and the interest of the prosecution.
It hardly requires to be stated that once a person is released on bail in serious criminal cases where the punishment is quite stringent and deterrent, the accused in order to get away from the clutches of the same indulge in various activities like tampering with the prosecution witnesses, threatening the family members of the deceased victim and also create problems of law and order situation.
Drafted By Abhijit Mishra
