PARAMETERS FOR GRANT OF BAIL SHOULD BE CORRECTLY APPLIED BEFORE GRANTING BAIL - SC

The Supreme Court bench of Justices DY Chandrachud and BV Nagarathna set aside an order passed by the Madhya Pradesh HC granting anticipatory bail to two murder accused. The bench said that the High Court failed to apply the parameters of granting bail in the pre correctly and the case, and the HC failed to consider the nature and gravity of the matter while allowing bail.

In this instant matter, four accused, including the two respondents, arrived in a jeep and shot the deceased to death. They were registered under sections 302, 323 and 34 of the Indian penal code. The two accused moved before the MP HC seeking anticipatory bail, which was granted.

The Complainant/appellant (brother-in-law of the deceased) filed an appeal against the High court's order before the apex court. The Appellant argued that the HC solely relied on the investigating officer’s report, whereby it was stated that the two accused respondents were not present at the crime.  

The bench referred to the ruling in Mahipal v. Rajesh Kumar, wherein the judgment established when the court in a bail application fails to consider appropriate factors, an appellate court can apply its power to set aside such bail order.

The bench noted that the statements recorded and information provided in the First Information Report (FIR) clearly indicate that two accused respondents had specified roles in the crime scene. Moreover, the nature of the offence was of serious nature. 

The Court allowed the appeal and cancelled the anticipatory bail granted by the MP HC.

Author: Papiha Ghoshal