Alka Verma –
Published On: October 05, 2021 at 10:50 IST
The Supreme Court of India observed that the Superior Courts can interfere in the matter of Bail, when it feels it help to prevent the Miscarriage of Justice.
Also adding to it, the Apex Court stated that if the Court has considered any such irrelevant factor which is on paper and which makes the legal order of granting Bail unjustified, then also the Superior Court can revoke the Bail.
“The gravity of the offence, conduct of the accused and societal impact of an undue indulgence by Court when the investigation is at the threshold are also amongst a few situations, where a Superior Court can interfere in an order of bail to prevent the miscarriage of justice and to bolster the administration of criminal justice system”, stated the Court.
Adding to this, the Court also stated that the cancellations and procedure for granting Bail are two different things and should be dealt with separately.
A Bench comprising CJI NV Ramana, Justices Surya Kant and Hima Kohli made such observations while quashing the Anticipatory Bail which was granted to a woman in a Dowry Death case.
The Court regarding the case stated that the offence claimed in the moment case is intolerable and projects our middle age social construction which actually moans for changes regardless of various endeavours made by Legislation and Judiciary.
“The conduct of the accused in absconding for more than two years without any justifiable reason should have weighed in mind while granting her any discretionary relief. These facts put her on a starkly different pedestal than the co-accused with whom she seeks parity,” noted the Court.
Further adding to it, the Apex Court stated that having procedural abnormality in pronouncing the denounced as an absconder, was not a legitimate ground to give Anticipatory Bail for a situation of a grave offence.
Also taking about the investigations, the Top Court stated that the agency deserves a free hand as the accused is the mother-in-law of the deceased.
Also Read: What is the Jurisdiction of Civil Courts?