Greeva Garg –
Published on: September 9, 2021, at 09:45 IST
The Supreme Court of India ruled in hearing of an appeal that no presumption of innocence could be anticipated after the accused is convicted by the Trial Court.
“Once the accused have been convicted by the learned Trial Court, there shall not be any presumption of innocence thereafter. Therefore, the High Court shall be very slow in granting bail to the accused pending appeal who are convicted for the serious offences punishable under Sections 302/149, 201 r/w 120B of Indian Penal Code (IPC),” the Court said.
The Division Bench comprised Justice DY Chandrachud and Justice MR Shah pronounced the Judgement in a criminal appeal filed against two orders of the Allahabad High Court.
The two orders of Allahabad High Court, which are challenged through an appeal in Apex Court, granted Bail to four accused involved in a murder case.
The Bail application filed by accused in Allahabad High Court led to quashing of decision by Trial Court, where the four accused were convicted of murder and sentence of life imprisonment was imposed on them.
The Supreme Court observed that the manner in which the High Court disposed of the application for Bail cannot be approved.
“We are at pains to note that the order granting bail to the accused pending appeal lacks total clarity on which part of the judgment and order can be said to be submissions and which part can be said to be the findings/reasoning,” the top Court stated.
“A judgment should be coherent, systematic and logically organised. It should enable the reader to trace the fact to a logical conclusion on the basis of legal principles. The reasoning in the judgment should be intelligible and logical. The judicial opinion is to be written in such a way that it elucidates in a convincing manner and proves the fact that the verdict is righteous and judicious,” the Court further observed.
The Supreme Court concluded that grounds for releasing accused on bail is legally unsustainable. The High Court committed grave errors in deciding the matter and has wrongly released the accused on bail.
Therefore, the top Court has set aside the orders of the High Court.
Judgement: https://main.sci.gov.in/supremecourt/2019/928/928_2019_13_1501_29807_Judgement_07-Sep-2021.pdf
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