The Supreme Court has rapped the Patna High Court for granting bail without assigning any reason and set it aside directing the murder accused to surrender back to jail forthwith, saying the order was passed "mechanically and in a most perfunctory manner".
A bench comprising justices M R Shah and Sanjiv Khanna, in the verdict passed on Monday, referred to the bail order of the high court and took note of the fact that it neither contained reasons nor considered the vehement submissions with regard to criminal antecedent of the accused.
"From the impugned judgment and order passed by the High Court, it can be seen that no reasons whatsoever have been assigned by the High Court while releasing the respondent No.2 on bail. ...Neither the High Court has considered the gravity, nature and seriousness of the offences alleged against the accused," the judgment said.
"It appears that the High Court has passed the order mechanically and in a most perfunctory manner, Justice Shah, writing the judgment, said, adding even otherwise the High Court has erred in not considering the material relevant to the determination of whether the accused was to be enlarged on bail.
"The High Court has not at all adverted to the relevant considerations for grant of bail. In the case of ..., it is observed and held by this Court that while granting bail, the relevant considerations are, (i) nature of seriousness of the offence; (ii) character of the evidence and circumstances which are peculiar to the accused; and (iii) likelihood of the accused fleeing from justice; (iv) the impact that his release may make on the prosecution witnesses, its impact on the society; and (v) likelihood of his tampering," it said.
Referring to the legal principles laid down in past judgements, it said that the bail order did not consider the fact that the accused is a "history sheeter and is having a criminal antecedent and is involved in the double murder of having killed the father and brother of the informant and the trial of these cases is at the crucial stage of recording evidence".
It said the high court also did take note of the allegations that the man was accused of pressuring the informant and the witnesses.
"The bail is absolutely unsustainable and the same cannot stand. The High Court has not at all considered the gravity, nature and seriousness of the offences alleged," it held.
Usually, the grant of bail by a court below is not reversed by higher courts.
The verdict came on the plea of Sunil Kumar seeking cancellation of bail granted to Ramawatar Bhagat accused of killing his elder brother Shardanand Bhagat in 2020 in Vaishali district in Bihar.
