A Division Bench of Justice MR Shah and Justice Krishna Murari while setting aside an order passed by the Allahabad High Court granting bail to an accused of offence committed by him under section 302 IPC, held that the High Court has narrated the submission made by the counsel for the accused and no independent reasons for grant of bail has been assigned by the High Court, therefore, the order is not sustainable and the same is quashed.

The Bench of the Supreme Court was hearing a petition filed for cancellation of bail in which the accused was named in the FIR and the High Court had granted bail on the submission of the advocate that it was dark in the night and the complainant side could not have identified the accused. The Apex Court while quashing the order held that although it was dark at night, the accused side was known to the complainant side since they had an existing dispute between them. The accused side had run over a tractor on the standing crop and tried to take possession of the land.

The accused was not only named in the FIr but was also named in the statement under section 161 CRPC. The Top Court also held that the High Court while granting bail to the accused has not considered the gravity of the offence. The alleged offence in the matter is under Sections 147, 148, 149, 324, 427, 441, 323, 506, 447, 307, 302 and 34 of IPC

Read the full judgment on:-

https://main.sci.gov.in/supremecourt/2022/2970/2970_2022_8_1501_38164_Judgement_15-Sep-2022.pdf

Case Details:-

CRIMINAL APPEAL NO.  1509 OF 2022
Yashpal Singh       …Appellant
Versus
State of Uttar Pradesh & Anr.             …Respondent