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SC: Superior Court can set aside Bail given without applying right Principles

Team SoOLEGAL 12 Oct 2021 2:18pm

SC: Superior Court can set aside Bail given without applying right Principles

NEW DELHI: The Supreme Court has emphasized that if all essential factors were not considered before granting bail, the superior Court has the authority to set it aside.

A bench led by Justice D Y Chandrachud stated, referring a Supreme Court decision issued in Mahipal v. Rajesh Kumar in 2020“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 & the severity of the punishment.”

It issued the order while rescinding an accused's anticipatory bail.

It stated that “The court has to determine whether on the basis of the material available at this stage, the HC 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 & 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 & gravity of the offence".



Tagged: Superior Court   right principles   Supreme Court   Justice D Y Chandrachud   anticipatory bail  
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