Sakunjay Vyas
Published on: March 12, 2022 at 09:30 IST
The Two Judge Bench of Justice M. R. Shah and Justice B. V. Nagarathna of Supreme Court overturned the High Court of Rajasthan at Jodhpur Bench order that granted bail to the accused charged under section 302 of the Indian Penal Code.
The Supreme Court recently ruled that the Court, while deciding on a bail application, cannot wholly divorce its decision from material aspects of the case.
The Two Judge Bench of M. R. Shah and Justice B. V. Nagarathna was hearing an appeal against the High Court of Rajasthan at Jodhpur, where the High Court order that granted bail to the accused charged under section 302, 201 and 34 of the Indian Penal Code.
Learned counsel for the appellant submitted that the High Court has not used its discretionary power in a suitable manner, that the respondent has been threatening the appellant, that the HIgh court has not assigned reasons for the bail and that the High Court has ggranted bail by a cryptic order.
Learned counsel for the respondent submitted that the trial is at the pre-trial stage and coming to any conclusions will well be prejudicing the right of the respndent and that all other appellant’s contention are denied.
The Apex court found High Court’s judgment to be casual and cryptic; it stated that the High Court whilw deciding a bail application cannot just not ignore the material facts, severity of the crime and punishment if the accused is held guilty, reasonable apprehension of the witnesses being influenced, frivolity of the case, antecedents of the accused and prima facie satisfaction of the court.
“However, the Court deciding a bail application cannot completely divorce its decision from material aspects of the case such as the allegations made against the accused; severity of the punishment if the allegations are proved beyond reasonable doubt which would result in a conviction; reasonable 14 apprehension of the witnesses being influenced by the accused; tampering of the evidence; the frivolity in the case of the prosecution; criminal antecedents of the accused; and a primafacie satisfaction of the Court in support of the charge against the accused. ” the Court said.
The apex court further stated that a court while deciding a bail application must engage in an elaborate discussion on the merits of the case. That the high court has not taken into consideration all the material facts and that the High Court has heard and granted this bail in a very cryptic and casual manner.
“…a Court considering the grant of bail must not engage in an elaborate discussion on the merits of the case, we are of the view that the High Court while passing the impugned orders has not taken into account even a single material aspect of the case. The High Court has granted bail to the respondents accused by passing a very cryptic and casual order, de hors cogent reasoning.” the Court said.
As a result, the Apex Court has quashed and set aside the order of the High Court of Rajasthan at Jodhpur Bench, by stating that bail bonds of the accused stand cancelled and they are directed to surrender before the concerned jail authorities within a period of two weeks from today.