Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Bail: Grant of bail |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Criminal Procedure, 1973 (2 of 1974) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Bail: Grant of bail – Exercise of power while granting bail, scope of – Duty of appellate court particularly when bail was refused by lower courts and principles and considerations for granting or refusing the bail – Discussed – In the instant case, complainant had lodged FIR alleging that his father was murdered by the accused in connivance with respondent no.1 who was undergoing sentence on account of a case registered at the instance of the complainant party – Respondent no.1 filed bail application before High Court – High Court released respondent no. 1 on bail by observing that it was not disputed that he had not fired nor had participated directly in the incident as he was in custody – Original informant, son of the deceased filed instant appeal – Held: Material on record showed that as and when respondent no.1 was granted bail, he came out of the jail, committed another offence and again went to jail – High Court failed to notice that earlier also respondent no. 1 had been involved in criminal cases and was convicted and while on bail during the pendency of appeal against conviction, again committed the offence – Thus, there was a high possibility of threat and danger to the life and safety of the appellant/complainant and his family members, as is evident from the criminal history of respondent no.1 – High Court failed to appreciate and consider the nature of accusation and the severity of the punishment in case of conviction and nature of supporting evidence – There was, thus, non-application of mind to the seriousness of the crime and circumstances which ought to have been taken into consideration while granting bail – High Court’s order granting bail set aside. |
Judge | Hon'ble Mr. Justice Mukeshkumar Rasikbhai Shah |
Neutral Citation | 2021 INSC 418 |
Petitioner | Harjit Singh |
Respondent | Inderpreet Singh @ Inder And Another |
SCR | [2021] S.C.R. 258 |
Judgement Date | 2021-08-24 |
Case Number | 883 |
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