Home Case Index All Cases Indian Laws Indian Laws + SC Indian Laws - 2021 (2) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2021 (2) TMI 1212 - SC - Indian LawsSeeking grant of Bail - offence under Sections 143, 147, 148, 120B, 341, 427, 323, 324, 326, 506(H), 201, 202, 153A, 212, 307, 149 of the Indian Penal Code, 1860 (IPC), Section 3 of the Explosive Substances Act, 1908 and Sections 16, 18, 18B, 19 and 20 of the Unlawful Activities (Prevention) Act, 1967 - HELD THAT:- It must be emphasised at the outset that there is a vivid distinction between the parameters to be applied while considering a bail application, visàvis those applicable while deciding a petition for its cancellation. In PURAN AND ORS. VERSUS RAMBILAS AND ORS. [2001 (5) TMI 971 - SUPREME COURT OF INDIA], it was reiterated that at the time of deciding an application for bail, it would be necessary to record reasons, albeit without evaluating the evidence on merits. In turn, PURAN AND ORS. VERSUS RAMBILAS AND ORS. [2001 (5) TMI 971 - SUPREME COURT OF INDIA] cited GURCHARAN SINGH & ORS. VERSUS STATE (DELHI ADMINISTRATION) [1977 (12) TMI 141 - SUPREME COURT]; wherein this Court observed that bail once granted by the trial Court, could be cancelled by the same Court only in case of new circumstances/evidence, failing which, it would be necessary to approach the Higher Court exercising appellate jurisdiction. The charges levelled against the respondent are grave and a serious threat to societal harmony. Had it been a case at the threshold, we would have outrightly turned down the respondent’s prayer. However, keeping in mind the length of the period spent by him in custody and the unlikelihood of the trial being completed anytime soon, the High Court appears to have been left with no other option except to grant bail. An attempt has been made to strike a balance between the appellant’s right to lead evidence of its choice and establish the charges beyond any doubt and simultaneously the respondent’s rights guaranteed under Part III of our Constitution have been well protected. Besides the conditions to be imposed by the trial Court while releasing the respondent, it would serve the best interest of justice and the societyatlarge to impose some additional conditions that the respondent shall mark his presence every week on Monday at 10AM at the local police station and inform in writing that he is not involved in any other new crime - Appeal dismissed.
|