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Dadparvar
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The Indian Supreme Court on Tuesday laid down the parameters to be considered by High Courts while considering the bail plea of an accused. These parameters were laid down in a case where the High Court wrongly granted bail to the accused.
In the present case, the accused was charged with the offences under Sections 302 coupled with an attempt to murder under Section 307, wrongful restraint under Section 341, rioting with deadly weapons under Section 148 and unlawful assembly under Section 149. The accused was granted bail by the trial court and High Court, aggrieved by the decision of the High Court, the victim approached the Supreme Court to cancel the bail.
The top court laid down guidelines which are stated as follows-
The court noted that if the bail is granted to the accused then the person may pose a threat to the safety of the victim and the likelihood of the offenses being repeated has also increased. It consequently canceled the bail granted by the High Court. These guidelines are expected to bring more clarity to the country’s bail jurisprudence, which is often criticized for being riddled with inconsistencies and inadequate balancing of the safety of the victim and society with an undertrial’s right to bail.
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In the present case, the accused was charged with the offences under Sections 302 coupled with an attempt to murder under Section 307, wrongful restraint under Section 341, rioting with deadly weapons under Section 148 and unlawful assembly under Section 149. The accused was granted bail by the trial court and High Court, aggrieved by the decision of the High Court, the victim approached the Supreme Court to cancel the bail.
The top court laid down guidelines which are stated as follows-
- Whether there are prima facie or reasonable grounds to believe that the accused has committed the offence
- Nature and gravity of the accusation;
- Severity of the punishment in the event of conviction;
- Danger of the accused absconding, if released on bail;
- Character, behavior and standing of accused including his/ her antecedents;
- Likelihood of the offense being repeated;
- Reasonable apprehension of the witnesses being influenced;
- Danger of justice being affected for grant of bail.
The court noted that if the bail is granted to the accused then the person may pose a threat to the safety of the victim and the likelihood of the offenses being repeated has also increased. It consequently canceled the bail granted by the High Court. These guidelines are expected to bring more clarity to the country’s bail jurisprudence, which is often criticized for being riddled with inconsistencies and inadequate balancing of the safety of the victim and society with an undertrial’s right to bail.
The post India top court lays out guidelines for bail plea decisions by high courts appeared first on JURIST - News - Legal News & Commentary.
Continue reading...
Note: We don't have any responsibilities about this news. Its been posted here by Feed Reader and we had no controls and checking on it. And because News posted here will be deleted automatically after 21 days, threads are closed so that no one spend time to post and discuss here. You can always check the source and discuss in their site.