Lawstreet Journal

Supreme Court Stays Allahabad High Court Order Which held Apprehension of Death Due to Covid a Ground for Anticipatory Bail [READ ORDER]

Lawstreet Journal 27 May 2021 5:49pm

Image courtesy: Lawstreet Journal Judiciary Supreme Court Stays Allahabad High Court Order Which held Apprehension of Death Due to Covid a Ground for Anticipatory Bail [READ ORDER]

On Tuesday, May 25th 2021, the Apex Court stayed the Allahabad High Court order which stated that apprehension of death on account of the pandemic is a valid ground for grant of anticipatory bail.

The court ordered that the Allahabad High Court order should not be cited as a precedent for grant of anticipatory bail and that the courts shall not rely on the observations in the High Court judgement while considering pre-arrest bail applications. The bench appointed Senior Advocate V Giri as an amicus Curie to assist the court on the larger issue of whether covid can be a ground for granting anticipatory bail.

The order was stayed by a vacation bench chaired by Justices Vineet Saran and BR Gavai stayed the order after hearing the submissions of Solicitor General Tushar Mehta who appeared for the state of Uttar Pradesh.

The Solicitor General said that “Kindly see the bio data of the accused. The entire judgement proceeds on the basis that covid is a ground to grant anticipatory bail.”

The solicitor general continued saying that the applicant is a serial criminal with more than 130 criminal cases against him.

The Solicitor General emphasized staying the order of the High Court. The solicitor general continued that the High Court observations are being widely cited to seek anticipatory bail in other cases also.

The court commented that “if he is on bail in 130 cases, why not in the 131st case?” And also commented that the applicant must be on… Continue Reading...


Tagged: Allahabad High Court   Supreme Court of India  
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