Supreme Court: Bail can be revoked if Lower Court considered irrelevant factors in granting Bail

Supreme Court - law insider

Anushka Sharma

Published On: October 06, 2021 at 11:10 IST

The Supreme Court held that a Bail granted to an Accused can be revoked if the Lower Courts have considered irrelevant factors or have not taken into consideration relevant factors which makes the grant of the Bail legally untenable. 

The Bench comprising Chief Justice of India NV Ramana, Justices Surya Kant and Hima Kohli observed, “The gravity of the offence, conduct of the accused and societal impact of an undue indulgence by Court when the investigation is at the threshold, are also amongst a few situations where a Superior Court can interfere in an order of bail to prevent the miscarriage of justice and to bolster the administration of the Criminal Justice System.”

The Court observed that while setting aside Anticipatory Bail granted by the Punjab and Haryana High Court to a mother-in-law in a Dowry Death Case.

The Court remarked that the Offence alleged in the said case is heinous and protrudes our medieval societal structure which still wails for reforms despite multiple efforts made by the Judiciary and Legislature. 

The Court also observed that the accused was absconding for more than two years after she was declared a proclaimed offender. 

The Court remarked, “These facts put her on a starkly different pedestal than the co-accused with whom she seeks parity.”

The Court hence set aside the Bail Order. 

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An Introduction to “Anticipatory Bail”

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