Back
2006 Supreme(SC) 421
(BEFORE H.K. SEMAAND R.Y. RAVEENDRAN, JJ.)
STATE REPRESENTED BY INSPECTOR OF POLICE, T.N. - Appellant;
Versus
ESLIAN ALIAS JOTHI BASU - Respondent.
Criminal Appeal No. 503 of 2006,
decided on April 28, 2006
The gravity and nature of the offence are important considerations for granting bail in non-bailable offences.
Headnote:
Bail - Double Murder - Grant of Bail - Gravity and Nature of Offence
Fact of the Case:
The appellant assaulted the deceased in a case of double murder, and the High Court granted bail to the accused without considering the material facts on record.
Finding of the Court:
The court found that there was sufficient material on record against the accused, and the High Court was not justified in granting bail considering the gravity and nature of the offence.
Issues: Grant of bail in a case of double murder without considering material facts and the gravity of the offence.
Ratio Decidendi: One of the considerations for granting bail in a non-bailable offence must be the gravity and nature of the offence, and there were no mitigating circumstances to justify the grant of bail.
Final Decision: The appeal was allowed, the impugned order of the High Court was set aside, and the respondent's bail bond and surety were cancelled, directing the respondent to be taken back to custody forthwith.
ORDER
1. Leave granted.
2. Heard the learned counsel for the appellant.
3. Despite notice none entered appearance on behalf of the sole respondent, namely, Eslian @ Jothi Basu (A-11). From the record, it appeared that A-II assaulted the deceased from back side of the head. This is a case of Double murder and there are eyewitnesses to the occurrence.
4. Without considering the material facts on record, and without assigning any reason, the High Court by the impugned order has granted bail to the accused. As is presently advised there is sufficient material on record against A-II. One of the considerations for granting bail in non-bailable offence must be the gravity and the nature of the offence. There were no mitigating circumstances and the High Court was not justified in granting bail.
5. The appeal is allowed by setting aside the impugned order of the High Court.
6. The respondent is on bail. His bail bond and surety stand cancelled. He is directed to be taken back to the custody forthwith.
