IT IS IMPORTANT TO CONSIDER THE SERIOUSNESS OF OFFENCES BEFORE GRANTING BAIL - SC

16th March 2021 

The accused had allegedly forged court records; records were fabricated using a whitener in the trial of STATE V MAHESH under section 307, 504, and 506 IPC. The accused tampered the name; instead of ‘Mahesh’, ‘Ramesh’ had been written.

The Session Court rejected the bail application due to severe allegations and held this case not fit to release on bail. However, HC allowed the Bail application.

In an appeal to SC, the bench noted that the accused was facing trial for offences u/s 420, 467, 471, 120B, and 468D. The Hon'ble Court stated  HC should be cautioned when granting bail. In the instant case, the nature of the offences was grave, and it is important to consider the seriousness of the offences before granting bail. SC rejected the contention that the appellant has no locus in the case.

Author: Papiha Ghoshal