SC: Courts should exercise their discretion in a Judicious Manner

Supreme Court Advocates LAW INSIDER

Nishka Srinivas Veluvali

Published On: January 14, 2022 at 19:35 IST

The Supreme Court in the Verdict held that Bail cannot be awarded without a compelling ground especially to an Accused involved in a heinous crime.

The Judgement was observed by the Bench of Justice L. Nageswara Rao, BR Gavai and BV Nagarathna.

Justice Nagarathna passed the Judgement after hearing the Appeal filed by the mother of a man who was murdered by the assailants. The Accused had history of crimes and were absconding for almost seven months after the murder. If the Accused would have been taken into custody, they would have to face life imprisonment or even death penalty.

However, the Patna High Court awarded them Bail Order after merely of nine months of judicial custody. This Bail Order of High Court did not support any strong reasons for granting Bail to the Accused.

Justice Nagarathna observed, “Grant of bail though being a discretionary order- but, however, calls for exercise of such discretion in a judicious manner and not as matter of course. Order for bail bereft of any cogent reason cannot be sustained”.

The Supreme Court Judgement endorsed on the point that each and every Bail Order awarded should showcase cogent reasons for granting the bail especially when the Accused is being convicted for heinous crime.

The Bench held that, “While considering an application for grant of bail a prima facie conclusion must be supported by reasons and must be arrived at having regard to the vital facts of the case brought on record. Due consideration must be given to facts suggestive of the nature of crime, the criminal antecedents of the Accused, if any, and the nature of punishment that would follow a conviction vis a vis the offence/s alleged against an Accused”.

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