THE Supreme Court has said that the bail granted to the accused is
liable to be set aside if the adequate reasons for granting it are not
laid out by the court.
A bench comprising Justice Arijit Pasayat and Justice C K Thakker said: “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 bench said that it is necessary for the courts dealing with application for bail to consider among other circumstances, the following factors also before granting bail. These are: The nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence. Second, reasonable apprehension of tampering of the witness or apprehension of threat to the complainant. Third, prima facie satisfaction of the court in support of the charge.
Justice Pasayat writing the verdict on behalf of the bench said, “though a conclusive finding in regard to the points urged by the parties is not expected of the court considering the bail application, yet giving reasons is different from discussing merits or demerits.”
The court cancelling the bail of an accused said that 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, observed court.
The apex court said that the accused released on bail shall surrender to custody forthwith.
The Lucknow bench of the Allahabad high court had granted bail to an accused facing trial for an alleged murder and Section 120 B of the Indian Penal Code.
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