SC outlines terms for granting bail in heinous offences

In cases involving serious offences like murder, dacoity and rape, the nature ofaccusation and evidence against an accused be examined by courts before granting bail, the Supreme Court has said. According to the apex court, bail should be granted by the sessions and high courts after examining the nature of accusation, severity of punishment in case of conviction and the nature of supporting evidence. Before granting bail, the courts should evaluate if there is a reasonable apprehension of an accused tampering with the evidence or threatening the complainant. A bench of Justices Arijit Pasayat and C K Thakker re-emphasised on the parameters for granting bail to an accused while quashing the bail granted to an accused charged with carrying out "supari killing" of a person under Ashiyana police station of Uttar Pradesh's Lucknow district. It was alleged that the accused had paid Rs 10 lakh through a conduit to two persons for shooting down the victim Chandra Pal Singh on 21st September, 2006. Though the sessions court had dismissed the bail plea of the accused, the Allahabad High Court granted bail by passing certain observations against the prosecution's claim. Aggrieved by the grant of bail, family members of the deceased filed a SLP in the apex court seeking cancellation of the bail. The family members through their counsel complained that the high court had practically written a judgement of acquittal, by not only referring to the incriminating materials, but also concluded about their unreliability. It was submitted that such observations while dealing with a bail application was improper. Agreeing with the submission, the apex court observed, "While dealing with an application for bail, there is a need to indicate in the order, reasons for prima facie concluding why bail was being granted particularly where an accused was charged of having committed a serious offence." The apex court said there was a difference between giving reasons for granting bail and discussing the merits and demerits of the case. "At the stage of granting bail, a detailed examination of evidence and elaborate documentation of the merits of the case has not to be undertaken. But that does not mean that while granting bail some reasons for prima facie concluding why bail was being granted is not required to be indicated," the apex court observed. In this context, the apex court cited its ruling in the Pappu Yadav case wherein it was held that the court granting bail should exercise its discretion in a judicious manner and not as a matter or course. The bench recalled its observation in the said case, "Though at the stage of granting bail, a detailed examination of evidence and elaborate documentation of the merit of the case need not be undertaken, there is a need to indicate in such orders reasons for prima facie concluding why bail as being granted particularly where the accused is charged with having committed a serious offence." Hence the apex court said the high court was not justified in granting bail to the accused and accordingly directed the latter to forthwith surrender.

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