Supreme Court Cancels Bail of Murder Accused; Says Patna High Court Ignored Gravity, Nature & Seriousness of Crime

On Monday, the Supreme Court pulled up the Patna High Court while hearing a challenge to a decision of the High Court granting bail to the accused. Setting aside the decision and quashing the bail granted, a Division Bench of M.R. Shah and Sanjiv Khanna noted that the High Court did not record reasons for the grant of bail, not considering the gravity nature and seriousness of the offences alleged against the accused.

In the present matter, the Patna High Court had released the respondent accused on bail in connection with alleged charges under Sections 147, 148, 149, 341, 323, 324, 427, 504, 506, 307, and 302 IPC and Section 27 of the Arms Act,

Referring to the considerations laid by the apex court in Anil Kumar Yadav v. State (NCT of Delhi), the Court noted,

"Even otherwise, the High Court has erred in not considering the material relevant to the determination of whether the accused was to be enlarged on bail. The High Court has not at all adverted to the relevant considerations for grant of bail."

In the case referred by the Supreme Court, the following are laid as the relevant considerations for the grant of bail: (i) nature of seriousness of the offence; (ii) character of the evidence and circumstances which are peculiar to the accused; and (iii) likelihood of the accused fleeing from justice; (iv) the impact that his release may make on the prosecution witnesses, its impact on the society; and (v) likelihood of his tampering.

The Bench also observed that the High Court did not even consider the criminal antecedents of the accused, despite being pointed out by the informant. Noting that it appears that the order was passed mechanically and superficially, the Court discussed a catena of judgments where it has been held that the considerations are to be placed at balance while granting bail.

Case Title: Sunil Kumar v. The State of Bihar

Citation : 2022 LiveLaw (SC) 85

Click Here To Read/Download The Order