Greeva Garg –
Published on: September 13, 2021 at 09:50 IST
The Supreme Court of India while setting a Bail aside granted by the Punjab and Haryana High Court observed that, the Court should look into antecedents of the accused while considering Bail.
The Apex Court made the observation in an appeal filed against the Bail granted to Inderjeet Singh, accused of murder and criminal conspiracy, in connection with an FIR at Police Station Sadar, Jalandhar under Sections 302, 120B, 34, 201 of the Indian Penal Code (IPC) and Section 25 of the Arms Act, 1959.
The Division Bench comprising Justice DY Chandrachud and Justice MR Shah stated, “The deprivation of freedom by the rejection of Bail plea is not an element of punitive purposes but in the interest of justice.”
“The nature of the charge and the evidence are also vital factors while deciding on Bail pleas, adding the severity of the punishment in case of conviction also bears upon the issue. Another relevant factor is whether the course of justice would be thwarted by him who seeks the benignant jurisdiction of the Court to be freed for the time being.” the Bench continued.
The Top Court pointed the grave errors of the High Court in granting Bail to Singh, failing to consider all the relevant factors, facts of the case, allegations imposed as per offences committed, and alleged actions of the accused.
Therefore, the Supreme Court impugned the Judgement after quashing the order of the High Court, stating it unsustainable.
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