‘Bail not jail’ rule not to apply to gangsters: SC

‘Bail not jail’ rule not to apply to gangsters: SC

Dhananjay.Mahapatra@timesgroup.com

New Delhi:25.04.2021

The Supreme Court has advised all high courts not to mechanically apply the ‘bail not jail’ principle while giving relief to gangsters, sharpshooters and heinous offenders and must weigh the effect of bail to such offenders on the safety of witnesses and families of victims.

On the last day of his retirement, CJI S A Bobde on Friday, while heading a threejudge bench, cancelled the bail granted by Allahabad high court to Azamgarh gangster Arun Yadav, who was accused of gunning down one Rajnarain Singh. Singh’s widow Sudha Singh had challenged the bail to Yadav, who operated a crime gang and faced 15 cases of murder or attempt to murder.

In cancelling the bail granted to Yadav, the SC recalled the case relating to grant of parole to Vikas Yadav, despite he facing 64 cases of murder, attempt to murder and extortion.

“The appellant cites the example of a person who was prosecuted in connection with 64 criminal cases which included cases of murders, offences of dacoity, criminal intimidation, extortion and offences under the UP-Gangster Act, etc., but who was released on bail. Ultimately, when a police team went to apprehend him in a case, allegedly eight policemen were killed and many grievously injured,” the bench noted.

It said, “We find in this case that the HC has overlooked several aspects, such as the potential threat to witnesses, forcing the trial court to grant protection (to the victim’s family).

“It is needless to point out that in cases of this nature, it is important that courts do not enlarge an accused on bail with a blinkered vision by just taking into account only the parties before them and the incident in question,” the bench said.

In cancelling the bail granted to Arun Yadav, the SC recalled the case relating to grant of parole to Vikas Yadav, despite he facing 64 cases of murder, attempt to murder and extortion