NDLI: Ajwar Vs. Niyaj Ahmad & Anr.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Code of Criminal Procedure 1973 – ss. 161 482 173
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Code of Criminal Procedure, 1973 – ss. 161, 482, 173 – Bail – When not granted – FIR was registered against the ten accused for offence punishable u/s 147, 148, 149, 302, 307, 352 and 504 r/w. s.34 of the IPC – The first respondent was not named in the FIR, his role is alleged to have emerged during the course of the investigation – After the investigation was completed, charge-sheet was filed against the accused, including the first respondent – During the course of the deposition, PW 1 has adverted to the role of the first respondent – Bail application filed by the first respondent was dismissed by the Session Court – The first respondent moved the High Court for grant of bail – Single Judge of the High Court granted bail – On appeal, held: The High Court has failed to notice the facts bearing on the seriousness and gravity of the offence – Once the role of the first respondent has emerged during the course of the investigation, followed by the filing of a charge-sheet, no case for the grant of bail was made out – That apart, Additional Sessions Judge in his order adverted to the fact that the first respondent upon being granted bail has consistently remained absent from the trial – Hence, the order passed by the High Court is hereby set aside – First respondent directed to surrender. Code of Criminal Procedure, 1973 – Bail – Grant of – Points to be considered while granting bail – The Court is duty bound to consider: (i) The seriousness and gravity of the crime; (ii) The role attributed to the accused; (iii) The likelihood of the witnesses being tampered with if bail is granted; (iv) The likelihood of the accused not being available for trial if bail 6 is granted; and (v) The criminal antecedents of the accused. Code of Criminal Procedure, 1973 – Bail – Grant of – Whether to write an elaborate or detailed judgment or not – Held: At the stage of deciding as to whether or not to grant bail, the Court is not expected to write an elaborate or detailed judgment – However, the reasons in support of an order granting or refusing bail must emerge from the record and must show a due application of mind by the Judge to the facts of the case.
Judge	Hon'ble Dr. Justice D.Y. Chandrachud
Neutral Citation	2022 INSC 1054
Petitioner	Ajwar
Respondent	Niyaj Ahmad & Anr.
SCR	[2022] 7 S.C.R. 356
Judgement Date	2022-09-30
Case Number	1722

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