Brief Facts
- Appellant approached the Supreme Court challenging the order granting the bail to the Private Respondent who is an accused for the offence under Section 302 I.P.C and under the Arms Act.
Issues
- Factors to be considered by a Court while deciding a bail application in the cases pertaining to heinous offences.
Held
- The Supreme Court quashed the bail order of the accused who was alleged to have been actively involved in causing murder of the deceased coupled with allegations pertaining to honour killing.
- This Court has, on several occasions discussed the factors to be considered by a Court while deciding a bail application. The primary considerations which must be placed at balance while deciding the grant of bail are: (i) The seriousness of the offence; (ii) The likelihood of the accused fleeing from justice; (iii) The impact of release of the accused on the prosecution witnesses; (iv) Likelihood of the accused tampering with evidence. While such a list is not exhaustive, it may be stated that if a Court takes into account such factors in deciding a bail application, it could be concluded that the decision has resulted from a judicious exercise of its discretion.
- This Court has also ruled that an order granting bail in a mechanical manner, without recording reasons, would suffer from the vice of non-application of mind, rendering it illegal.
- Reference may also be made to recent decisions of this Court in Manoj Kumar Khokhar vs. State of Rajasthan, 2022 SCC OnLine SC 30 and Jaibunisha vs. Meharban, (2022) 5 SCC 465, wherein, on engaging in an elaborate discussion of the case law cited supra and after duly acknowledging that liberty of individual is an invaluable right, it has been held that an order granting bail to an accused, if passed in a casual and cryptic manner, de hors reasoning which would validate the grant of bail, is liable to be set aside by this Court while exercising power under Article 136 of the Constitution of India.
- While we are conscious of the fact that liberty of an individual is an invaluable right, at the same time while considering an application for bail, courts cannot lose sight of the serious nature of the accusations against an accused and the facts that have a bearing on the case, particularly, when the accusations may not be false, frivolous or vexatious in nature but are supported by adequate material brought on record so as to enable a Court to arrive at a prima facie conclusion. While considering an application for grant of bail, a prima-facie conclusion must be supported by reasons and must be arrived at after having regard to the vital facts of the case brought on record. Due consideration must be given to facts suggestive of the nature of crime, the criminal antecedents of the accused, if any, and the nature of punishment that would follow a conviction vis à vis the offence/s alleged against an accused.
- One of the prosecution witnesses, namely Nirma, turned hostile. Therefore, in the absence of any evidence as to the circumstances under which she turned hostile, we cannot rule out the possibility of the respondents-accused influencing other witnesses, tampering with the evidence, if they continue to remain on bail.
Relevant Para No.
- 18, 19, 20, 22, 24