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Order Granting Bail Requires Exercise Of Discretion In Judicious Manner On Application Of Settled Parameters: Supreme Court Reiterates

Shruti Kakkar
27 Feb 2022 5:03 AM GMT
Order Granting Bail Requires Exercise Of Discretion In Judicious Manner On Application Of Settled Parameters: Supreme Court Reiterates
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The Supreme Court has reiterated that grant of bail, though a discretionary order, requires such discretion to be exercised in a judicious manner and on the application of certain settled parameters.The bench of Justices Sanjiv Khanna and Bela M Trivedi was considering SLP assailing Bombay High Court's order dated September 6, 2021 wherein the High Court had granted bail to Mohammad...

The Supreme Court has reiterated that grant of bail, though a discretionary order, requires such discretion to be exercised in a judicious manner and on the application of certain settled parameters.

The bench of Justices Sanjiv Khanna and Bela M Trivedi was considering SLP assailing Bombay High Court's order dated September 6, 2021 wherein the High Court had granted bail to Mohammad Umair Mohammad Haroon with regards to crime u/s 302 r/w 34 of IPC and Sections 4/25 of the Arms Act.

While setting aside the impugned order, the bench in Jameel Ahmad v Mohammed Umair Mohammad Haroon & Anr said,

"We are clearly of the view that the High Court was wrong in granting bail to the first respondent. Grant of bail, though a discretionary order, requires such discretion to be exercised in a judicious manner and on the application of certain settled parameters. More heinous the crime, greater is the chance of rejection of bail, though the exercise also depends on the factual matrix of the matter."

Appearing for the appellant and the State, counsel had drawn Court's attention that there were 7 eyewitnesses and as per prosecution's case, first respondent along with his brother, was caught and detained by police petrol team while they were fleeing on a motorcycle after the offence.

Counsels further submitted that at that time, the clothes worn by the first respondent had bloodstains and that as per the charge sheet, the weapons of offence, namely, a knife and an iron-rod pipe, were recovered from the first respondent and his brother.

On the aspect of common intention, counsel submitted that occurrence had taken place in the market area and as per the police version the first respondent, his brother and father had all come prepared with knife and iron rods to commit the offence.

Appearing for the first respondent, counsel while requesting for not setting aside the order had submitted that the Court had exercised discretion.

To adjudicate on the issue, the Counsel relied on the judgements in Ram Govind Upadhyay v. Sudarshan Singh (2002 (3) SCC 598) and Mahipal v. Rajesh Kumar alias Polia and Anr 2020 (2) SCC 118.

The bench said, "The Court, amongst others, must consider the prima facie view of whether the accused has committed the offence, nature of the offence, gravity, likelihood of the accused obstructing in any manner or evading the process of justice. Grant of bail draws an appropriate balance between public interest in the administration of justice and protection of individual liberty in a criminal case. The prima facie examination is on the basis of analysis of the record, and should not be confused with examination in detail of the evidence on record to come to a conclusive finding."

The Top Court while allowing the appeal and setting aside the order directed for surrendering the respondent within five days.

The bench also granted the police liberty to take recourse to coercive steps to detain and arrest the first respondent in case of his failure to surrender.

Case Title: Jameel Ahmad v Mohammed Umair Mohammad Haroon & Anr| SLP (Crl) 245 of 2022

Coram: Justices Sanjiv Khanna and Bela M Trivedi

Citation : 2022 LiveLaw (SC) 222

Code of Criminal Procedure, 1973 - Section 436-439 - Bail - Grant of bail, though a discretionary order, requires such discretion to be exercised in a judicious manner and on the application of certain settled parameters. More heinous the crime, greater is the chance of rejection of bail, though the exercise also depends on the factual matrix of the matter - The Court, amongst others, must consider the prima facie view of whether the accused has committed the offence, nature of the offence, gravity, likelihood of the accused obstructing in any manner or evading the process of justice. Grant of bail draws an appropriate balance between public interest in the administration of justice and protection of individual liberty in a criminal case. The prima facie examination is on the basis of analysis of the record, and should not be confused with examination in detail of the evidence on record to come to a conclusive finding.

Click here to read/download the judgment


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