‘Superior court can set aside bail if key factors ignored’
TIMES NEWS NETWORK
New Delhi:12.10.2021
The Supreme Court has reiterated that if all relevant factors were not taken into consideration while granting bail then the superior court can set it aside.
“Where a court considering an application for bail fails to consider relevant factors, an appellate court may justifiably set aside the order granting bail. An appellate court is thus required to consider whether the order granting bail suffers from a non-application of mind or is not borne out from a prima facie view of the evidence on record. It is thus necessary for this Court to assess whether, on the basis of the evidentiary record, there existed a prima facie or reasonable ground to believe that the accused had committed the crime, also taking into account the seriousness of the crime and the severity of the punishment…” a bench headed by Justice D Y Chandrachud said while quoting apex court judgement passed in 2020 in Mahipal v. Rajesh Kumar.
It passed the order while quashing anticipatory bail granted to an accused. “The court has to determine whether on the basis of the material available at this stage, the High Court has applied the correct principles in allowing the applications for anticipatory bail.
The offence is of a serious nature in which Vikas Singh was murdered.
The FIR and the statements under Sections 161 and 164 of the CrPC indicate a specific role to Jogendra Singh and Suryabhan Singh in the crime. The order granting anticipatory bail has ignored material aspects, including the nature and gravity of the offence, and the specific allegations against Jogendra Singh and Suryabhan Singh. Hence, a sufficient case has been made out for cancelling the anticipatory bail granted by the High Court,” it said.
The court has to determine whether on the basis of the material available at this stage, the High Court has applied the correct principles in allowing the applications for anticipatory bail
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