In a recent landmark ruling, the Supreme Court reaffirmed its authority to revoke bail granted to an accused, even if they have not misused their bail privileges, in the presence of serious allegations against them. The bench, comprising Justices Hima Kohli and Ahsanuddin Amanullah, emphasized that both the court granting bail and superior courts have the power to cancel bail orders, especially if lower courts have neglected pertinent evidence or failed to recognize the gravity of the offense or its societal impact.
Justice Hima Kohli, authoring the judgment, highlighted key factors for bail consideration in serious offense cases, including the nature of accusations, manner of the alleged crime, gravity of the offense, accused’s role, criminal history, witness tampering likelihood, and potential obstruction of justice.
The case in question involved an appellant alleging that the High Court had granted bail to murder accused without due consideration of crucial evidence. The appellant contended that the High Court overlooked witness testimonies and previous criminal records of the accused.
After thorough examination, the Court concluded that the accused did not merit bail, considering all relevant factors. Consequently, the appeal was allowed, marking a significant legal precedent in the bail cancellation process for serious offenses.
Written by- Pradyumn sharma
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