Supreme Court: Imminent Death Not Required For a Statement to Qualify as Dying Declaration  ||  SC: HC Cannot Grant Pre-Arrest Bail Without Quashing FIR; Accused Must Approach Sessions Court First  ||  SC: Agreed Interest Rate Cannot Be Challenged as Exorbitant; Arbitrator Cannot Override Contract  ||  SC: Agreed Interest Rate Cannot Be Challenged as Exorbitant; Arbitrator Cannot Override Contract  ||  SC: GST Exemption on Residential Lease Applies When Building is Sub-Leased for Hostel/PG Use  ||  Rajasthan High Court: Universities Cannot Retain Students’ Original Documents for Pending Fees  ||  NCLT: Damages from Contractual Disputes Cannot Form Basis for Initiating Insolvency Proceedings  ||  Del HC: Pre-SCN Consultation is Unnecessary in Large-Scale GST Fraud Cases with Complex Transactions  ||  Calcutta HC: Unilaterally Appointed Arbitrator Violates Natural Justice and Sets Aside the Award  ||  Raj HC Upholds Padmesh Mishra’s AAG Appointment, Noting Advocacy Skill isn’t Tied to Experience    

Nitu Kumar vs. Gulveer & Anr. - (Supreme Court) (16 Sep 2022)

Gravity and seriousness of the offence is relevant consideration for grant of bail

MANU/SC/1186/2022

Criminal

The original complainant has preferred the present appeal dissatisfied with the impugned judgment and order passed by the High Court by which, the High Court has directed to release Respondent No. 1 – accused on bail in connection with Case Crime for the offence punishable under Section 302 of Indian Penal Code, 1860 (IPC)

It can be seen that nothing has been discussed by the High Court on the role attributed to Respondent No. 1 – accused and his overt act in commission of the offence. The High Court has not appreciated that there is an eye witness, who has categorically stated that Respondent No. 1 caught hold of the deceased. The High Court ought to have appreciated that if Respondent No. 1 would not have caught hold of the deceased, it would not have been possible for the co- accused Shekhar to cause injuries on the deceased. Therefore, the High Court ought to have appreciated that the role attributed to Respondent No. 1 can be said to be very serious like co-¬accused Shekhar.

As per the settled position of law, gravity and seriousness of the offence is a relevant consideration for the purpose of grant of bail. The High Court was required to consider the gravity and the seriousness of the offence and the nature of the allegations against Respondent No. 1 – accused. Under the circumstances, the impugned judgment and order passed by the High Court releasing respondent No. 1 on bail for the offence punishable under Section 302 of IPC is unsustainable. The impugned judgment and order passed by the High Court releasing respondent No. 1 accused on bail in Case Crime for the offence punishable under Section 302 of IPC is quashed and set aside.

Now, Respondent No. 1¬ Gulveer – accused shall surrender before the concerned Court/Jail authority forthwith failing which he be arrested by issuing non-¬bailable warrant. However, it is observed that the learned Trial Court to conduct the trial in accordance with law and on its own merits and on the basis of the evidence led before it. Appeal allowed.

Tags : BAIL   GRANT   VALIDITY  

Share :        

Disclaimer | Copyright 2025 - All Rights Reserved