SC comes down heavily on Patna HC for granting bail to history-sheeter murderer without citing reasons
The Supreme Court came down heavily on Patna HC for granting bail to history-sheeter murderer without citing reasons.
The appellant informant, younger brother of the deceased Shardanand Bhagat lodged F.I.R. Bihar against all the accused named in the F.I.R. for the offense under Sections 147, 148, 149, 341, 323, 324, 427, 504, 506, 307 and 302 IPC and Section 27 of the Arms Act for having assaulted them and killed his elder brother Shardanand Bhagat, who succumbed to the bullet injury.
Advocate Rituraj Choudhary, appearing on behalf of the appellant, contended that in the facts and circumstances of the case, the High Court has committed a grave error in releasing the respondent accused on bail in a case where one person is killed.
Advocate Atul Kumar, appearing on behalf of the respondent accused argued that having accepted the submissions on behalf of the accused and after considering all the facts of the case, the High Court has released the accused respondent on bail and the same is not required to be interfered with by the Court in exercise of the powers under Article 136 of the Constitution of India.
The division bench of Justice M.R. Shah and Justice Sanjiv Khanna noted that the High Court has erred in not considering the material relevant to the determination of whether the accused was to be enlarged on bail. The High Court has not at all adverted to the relevant considerations for grant of bail.
The court stated that Merely recording “having perused the record” and “on the facts and circumstances of the case” does not subserve the purpose of a reasoned judicial order.
The court set aside the impugned judgment and order passed by the High Court releasing the respondent on bail and said that the High Court has not at all considered the gravity, nature and seriousness of the offenses alleged.
Case title: Sunil Kumar v/s The State of Bihar and Anr.
Citation: CRIMINAL APPEAL NO. 95 OF 2022
