Code of Criminal Procedure, 1973 – s. 439 – Discretion to grant bail ought not to be used arbitrarily, capriciously, and injudiciously – Appeal allowed – High Court ought not to have been granted bail on account of (i) seriousness of the crime;
(ii) conduct of accused persons; and (iii) overall impact of crime on the society.
Held: Accused persons charged under s. 147, 148, 149, 323, 504, 506, 427, 394, 411, 302 and 120-B, Indian Penal Code along with s. 7 of the Criminal Law Amendment Act 2013 – In relation to FIR lodged by Appellant stating that persons including Respondent No.
2 and a co-accused attacked him, his uncle (the deceased) and another person – Bail applications of both accused persons rejected by trial court – Appeals against trial court orders allowed – Bail granted by High Court – Appellant challenged correctness of High Court’s orders – Appeal allowed – Grant of bail involves exercise of discretionary power which ought not to be used arbitrarily, capriciously; and injudiciously – Bail ought not to have been granted on account of (i) seriousness of the crime; (ii) conduct of accused person(s); and (iii) overall impact of the crime on society at large as the accused persons had overwhelming influence in the area. [Paras 15, 19]
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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