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SUPREME COURT OF INDIA
M.R. Shah, J.B. Pardiwala, JJ.
Aqeel Ahmad – Appellant
Versus
The State Of Uttar Pradesh & Anr. – Respondents
Criminal Appeal No. 1305 of 2023 (@ SLP (Crl.) No. 4339 of 2023)
Decided On : 28-04-2023
| Table of Content |
|---|
| 1. issue of bail granted by high court (Para 2) |
| 2. court criticized high court's bail decision (Para 3) |
| 3. quashing of the unsustainable bail order (Para 4) |
| 4. instructions for the accused's surrender (Para 5 , 6) |
ORDER :
1.Leave granted.
2. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 22.02.2023 passed by the High Court of Judicature at Allahabad, passed in Criminal Misc. Bail Application No. 5775 of 2023, by which the High Court has enlarged the respondent No.1- accused - Neyaz Ahmed on bail in Case Crime No. 359 of 2022 for the offences under Sections 147 , 148, 149, 302, 336 and 427 IPC and Section 7 of the Criminal Law Amendment Act, Police Station Gambhirpur, District Azamgarh, the original Complainant has preferred the said Appeal.
3. Having heard learned counsel for the respective parties and having gone through the impugned judgment and order passed by the High Court enlarging Respondent No.2 on bail, we are of the opinion that, while releasing Respondent No.2 on bail, the High Court has not at all considered the gravity and nature of the offences in which one person died and that the accused was facing the charge for the offence under Section 302 IPC . The High Court has also not taken into consideration the cause of death and the role attributed 2 to the respondent No.1-accused. It is to be noted that the chargesheet has been filed and despite that the High Court has not at all taken into consideration the relevant material forming part of the charge-sheet.
4. In view of the above and for the reasons stated above, the present Appeal succeeds. The impugned judgment and order passed by the High Court enlarging the respondent No.2-accused - Neyaz Ahmed on bail is unsustainable and the same deserves to be quashed and set aside and is, accordingly, quashed and set aside.
5. Respondent No.2-accused is granted 10 days’ time to surrender before the concerned Jail Authority.
6.The present Appeal is, accordingly, allowed.
A bail order must consider the seriousness of the charges and relevant evidence in the charge-sheet, especially in cases involving severe crimes like murder.
While granting bail, relevant considerations are nature of seriousness of offence; character of evidence and circumstances which are peculiar to accused and likelihood of accused fleeing from justice....
Bail granted without considering seriousness and gravity of offence is liable to be cancelled.
Bail - Grant of bail in heinous crime of murder bail on the basis of irrelevant considerations would amount to arbitrary exercise of judicial discretion.
The main legal point established in the judgment is that substantive reasons must be provided for granting bail in a murder case under Section 302 IPC, and the lack of such reasons can lead to the se....
Bail cannot be granted in a murder case after submission of charge-sheet.
Court granting bail cannot obviate its duty to apply judicial mind and to record reasons, brief as they may be, for the purpose of deciding whether or not to grant bail.
The grant of bail in serious offences must be supported by valid and cogent reasons, and the gravity of the offence alleged is an important factor for considering the question of grant of bail.
Supreme Court expressed displeasure on conduct of the State in not opposing bail application, not making any effort for cancellation of bail and not appearing before the Supreme Court. Grant of bail ....
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