- In Imran vs Mohammad Bhava the Apex Court has held that even though significant scrutiny is required to be done by the higher Court while cancelling bail granted by lower Court, the same can be done if relevant material, gravity of the offence or its societal impact has not been considered by the lower Court.
- This observation was made while the Court was setting aside an order of bail and anticipatory bail granted by the Karnataka HC.
- The prosecution’s case was that the first accused had an enmity with one Badrul Muneer and he thus hatched a conspiracy with all the other accused to eliminate him.
- In pursuance of this common objective, they came and attacked three people with a soda bottle and stones, and subsequently murdered Abdul Lathif. The respondents had thus preferred an application requesting for the grant of bail before the Karnataka HC, which was allowed. The same was preferred on the ground of parity since the other accused persons had been released on bail.
- Thus, the appellant had sought for the cancellation of the bail that had been granted by the HC, alleging that the Court had erred in not considering the gravity of the offence and overlooked the version of the eye-witnesses. It was also submitted that the release of the accused on bail would pose a grave threat to the prosecution witnesses.
- The appellant relied upon the decision of the Apex Court in Ram Govind Upadhyay vs Sudarshan Singh and ors (2002) SCC where it was held that the grant of bal, though being a discretionary order, however, calls for the exercise of this discretion in a judicious manner and not as a matter of course. An order of bail which is devoid of a cogent reason cannot be sustained.
- The Apex Court relied upon its decision in the case of Vipan Kumar Dhir vs State of Punjab and anr (2021) SCC wherein it was held that while it is true that certain intervening circumstances which would impede a fair trial must develop after bail has been granted to the accused, for its cancellation by a superior Court, the same may also be cancelled when the Court granting the bail has ignored the relevant materials available on record, the gravity of the offence or its societal impact.
- The same has also been observed in the case of Prasanta Kumar Sarkar vs Ashis Chatterjee and anr (2010) SCC.
- Thus, in light of the aforesaid discussion, the bail and the anticipatory bail granted to the accused persons were set aside.
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