IndiaBefore granting anticipatory bail, the court should see the seriousness of the...

Before granting anticipatory bail, the court should see the seriousness of the crime, SC quashes the order of Madhya Pradesh HC


New Delhi
The Supreme Court has said that while granting anticipatory bail to an accused, the court should consider parameters such as the gravity of the offense and the specific allegation. A bench of Justices DY Chandrachud and BV Nagarathna made the observation while setting aside the anticipatory bail orders granted to the two murder accused. The Madhya Pradesh High Court had given anticipatory bail to both.

The top court said it has to decide whether the high court has followed the right principles for granting anticipatory bail on the basis of the material available at this stage.

“The courts, while accepting or rejecting the anticipatory bail application, should generally be guided by the nature and gravity of the offence, the role of the applicant and the facts of the case,” the bench said.

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The Supreme Court made this observation while hearing a petition filed against the anticipatory bail granted to two murder accused. The top court said that the offense is of serious nature. One person was murdered in this. The FIR and the statement indicate that the accused has a special role in the crime.

“While passing the anticipatory bail, the material facts including the nature and gravity of the offense and the specific charge against the accused were ignored,” the bench said. Therefore, an appropriate case has been made out to cancel the anticipatory bail granted by the High Court.

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The top court said the facts of the case would be examined in detail later and at the present stage it would only examine whether the high court had followed the right principles while granting anticipatory bail.

The bench said, “At the present stage, the facts cannot be scrutinized as closely as is the case in the trial of criminal cases.” What is needed is to decide whether the standards laid down by the Single Judge Bench while deciding the grant of anticipatory bail were properly followed or not.

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