Supreme Court lays down guidelines for high courts on bail petitions

Tribune News Service

New Delhi, August 24

The Supreme Court on Tuesday laid down guidelines for high courts for deciding bail applications as it quashed the bail granted to a murder accused by the Uttarakhand High Court.

“Considering the overall facts and circumstances, we have held that the high court has committed grave error in releasing the accused on bail,” a Bench led by Justice DY Chandrachud said setting aside the high court’s order. It ordered the accused to surrender.

The Bench — which had on Monday taken strong exception to the Uttarakhand and Allahabad High Courts passing orders for protection from arrest “without application of mind” despite its directions to high courts to use their inherent power sparingly — enumerated several parameters to be considered by high courts for grant of bail.

The top court said high courts needed to consider if there were prima facie or reasonable grounds to believe that the accused has committed the offence; nature and gravity of the accusation; severity of the punishment in the event of conviction; and danger of the accused absconding, if released on bail.

Character, behaviour and standing of accused, including his/her antecedents; likelihood of the offence being repeated; reasonable apprehension of the witnesses being influenced and danger of justice being adversely affected have to be duly considered while deciding bail pleas, it noted.

“This is a serious matter. The FIR was registered under Section 302 of IPC. Just see the anxiety of the High Court, it directs that the person should surrender by August 10 and the bail be decided on the same day and if the bail application is rejected, then the sessions court should hear the bail plea the same day,” the top court had on Monday said while hearing a petition against an order of Uttarakhand High Court on a petition seeking quashing of the FIR in a murder case.

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