Exercise caution while granting bail: SC to High Courts
Saturday February 17 2007 00:00 IST
NEW DELHI: The Supreme Court has asked the courts, including the High Courts, to exercise adequate caution while granting bail to accused involved in heinous offences like murder.Courts should consider various aspects like nature of accusation, severity of the offence and accused's propensity to tamper with the evidence while granting bail in criminal cases, a Bench of Justices Arijit Pasayat and S H Kapadia, said while cancelling the bail granted to a murder accused by the Allahabad High Court.
The Bench passed the directions while dealing with an appeal filed by a woman Kumari Suman Pandey, who challenged the bail granted by the High Court to one Jitendra Pratap Singh, who allegedly murdered her brother Ravish Kumar Pandey.
According to the appellant, the High Court granted bail to the accused despite the fact that evidence of one of the eyewitnesses, Priyanka Tiwari, was not recorded by the sessions court.
She contended that releasing the accused would make the eyewitness vulnerable to threats and intimidation and submitted that the High Court granted the bail on the mere ground that bail cannot be denied to an accused due to the delay in the recording of evidence.
Suman further submitted that the delay in the trial was on account of the accused taking frequent adjournments during the hearings and there was no delay on the part of the prosecution.