Swarna Shukla –
Published On: October 11, 2021 at 09:15 IST
The Supreme Court observed that the gravity of the offence and specific allegations are the parameters that should be looked into by a Court while granting Anticipatory Bail to an Accused.
A Bench of Justice D Y Chandrachud and Justice B V Nagarathna made the observations whilst setting aside an order passed by the Madhya Pradesh High Court, granting Anticipatory Bail to two people accused in a Murder Case.
The Bench stated, “Courts ought to be generally guided by considerations such as the nature and gravity of the offences, the role attributed to the applicant, and the facts of the case while considering whether to grant Anticipatory Bail or refuse it.”
The Supreme Court was hearing Appeals that challenged the Anticipatory Bail being granted to two accused in connection with an offence registered under Sections 302 (Murder), 323 (Voluntarily causing Hurt) read with 34 (Common Intention) of the Indian Penal Code.
The Court noted that the offence is of a grave nature in which a person was murdered and the FIR and the statements indicate a specific role of the accused in the crime.
The Court also stated that facts need not be examined in detail at the current stage and it would examine whether the High Court had a correct principle for the grant of Anticipatory Bail.
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