High Court failed to appreciate all facts when allowed bail -SC
D.D:- 25 January 2022
Apex court (27th Jan 2022) observed that when their presence has been established and it is stated that they were part of the unlawful assembly, the individual role and/or overt act by the individual accused is not significant and/or relevant.
Facts – Appellant filed a FIR against respondents No.2 and others for the murder of his son U/s Sections 147, 148, 149, 323, 504, 506, 302, 307 ,34 IPC – accused named in the FIR and that they allegedly attacked the deceased with a sword, hockey, stick, and rod, killing the appellant’s son. Accused requested bail before Sessions Court but same was rejected the bail applications. Respondents No.2 approached the High Court, and his bail was allowed. Aggrieved by the bail order appellant approached Supreme Court.
Apex court observed that High court not appreciated all the facts and released respondents No.2 on bail mechanically and on applying the wrong facts and held the relevant considerations while granting the bail are (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. From the impugned judgment(s) and order(s), it appears that the High Court has not at all adverted to the relevant facts and/or considerations while granting bail.
Apex court held that bail order of High Court is unsustainable, and appeal allowed.
Manno Lal Jaiswal
Versus
The State of Uttar Pradesh & Anr.
