Supreme Court Explains : Considerations For Grant Of Bail
Supreme Court Explains : Considerations For Grant Of Bail
The Supreme Court reiterated that the gravity and nature of the offences alleged against the accused are important factors to consider when deciding on his bail application.
In this case, the accused allegedly attacked the deceased with a sword, hockey stick, stick, and rod, killing the complainant’s son. Taking this into consideration, the Sessions Court denied their bail application.
The bench of Justices M.R. Shah and Sanjiv Khanna observed that:
The High Court made no mention of the seriousness or nature of the offences. The High Court assigns no reasons other than observing in one paragraph. The aforementioned cannot be said to be assigning reasons.
The relevant considerations to be taken into account when granting bail.
- the nature of the offense’s seriousness;
- the nature of the evidence and circumstances unique to the accused;
- the likelihood of the accused evading justice;
- the impact that his release may have on prosecution witnesses and society;
- the possibility of his tampering.
The court also stated that when the accused were charged for offences punishable under Section 149 of the IPC as well, and their presence was established and it was stated that they were a part of the unlawful assembly, the individual role and/or overt act by the individual accused is not significant and/or relevant.
