Sakunjay Vyas
Published on: April 24, 2022 at 10:17 IST
The Three Judge Bench of Chief Justice of India N.V. Ramana, Justice Krishna Murari and Justice Hima Kohli of the Supreme Court, overturned the judgment by the High Court of Karnataka at Bengaluru, where-in the High Court allowed the Criminal Petitions and released the Accused on bail.
The Supreme Court recently ruled that bail can be revoked in the event of supervening circumstances that make it impossible to conduct a fair trial.
The Three Judge Bench of Chief Justice of India N.V. Ramana, Justice Krishna Murari and Justice Hima Kohli, where the High Court allowed the Criminal Petitions and released the Accused on bail.
The Apex Court after thoroughly considering the facts and evidence submitted in the present case stated that the key issue which requires determination in the instant case is whether the High Court has exercised its discretion in a mechanical manner i.e., whether the impugned orders of the High Court have over-looked established principles, while exercising discretion to enlarge both the accused on bail.
The Apex Court stated that it is pertinent to address the contention raised by Accused regarding the need for compelling and overwhelming circumstances for a court order directing cancellation of bail before analyzing the factual material against the accused respondents.
That furthermore, bail cancellation depends on supervening circumstances that may make it difficult for a fair trial to take place
“Before we undertake an analysis of the nature of material available against the accused Respondents, it is pertinent to address the contention raised by Accused emphasizing that cogent and overwhelming circumstances are necessary for an order directing cancellation of bail. Further, cancellation of bail is contingent upon supervening circumstances which might render it difficult to hold a fair trial.“ the Court said.
The Apex Court stated that when bail is granted in a mechanical manner, the order granting bail is liable to be set aside. Furthermore, the decisions taken into consideration for deciding the present matter, enumerate certain principles that must be taken into account when deciding an application for bail.
Consequently, while the facts of each case are unique and play a significant role in determining a bail amount, grant of bail also must be evaluated by taking into account the established principles listed above.
“In such instances, where bail is granted in a mechanical manner, the order granting bail is liable to be set aside. Moreover, the decisions cited herein above, enumerate certain basic principles which must be borne in mind when deciding upon an application for grant of bail.”
“Thus, while each case has its own unique factual matrix, which assumes a significant role in determination of bail matters, grant of bail must also be exercised by having regard to the above-mentioned well-settled principles.” the Court said.
The Apex Court further stated that the High Court while granting bail to the accused Respondents, thus failed to consider the nature of accusations and relevant evidentiary material against them.
That based on the ratio of the decisions of this court referred to above to the facts of the case, we observe without hesitation that the High Court erred in failing to consider the basic principles for grant of bail, well established by various judicial pronouncements.
There is sufficient evidence against the accused Respondents here that would establish a prima facie case against them, but the High Court failed to note this.
“Applying the ratio of the decisions of this court referred to above to the facts of the case in hand, we have no hesitation in observing that the High Court erred in not considering the basic principles for grant of bail, well established by various judicial pronouncements. The High Court lost sight of the fact that there exists sufficient material against the accused Respondents herein, so as to establish a prima facie case against them.” the Court said.
As a result, the Apex Court overturned the impugned orders passed by the High Court of Karnataka at Bengaluru in Criminal Petitions, releasing the Accused on bail, by stating that the respondents-accused are directed to surrender before the trial court within a period of two weeks from today failing which they shall be taken into police custody for the said purpose.