Bail not granted solely on innocence claim; serious charges require stronger reasons: Supreme Court.

Last Updated: 05-12-2023 11:12:38am
 Bail not granted solely on innocence claim; serious charges require stronger reasons: Supreme Court.

The Supreme Court recently addressed an appeal challenging the Jharkhand High Court's decision to grant bail to an individual accused of attempted murder. The apex court emphasized that simply claiming innocence or expressing a willingness to participate in the trial is insufficient grounds for granting bail in serious offenses.

The case involved an accused individual against whom an FIR (First Information Report) was registered under various sections of the Indian Penal Code (IPC), including Section 307 (Punishments for Attempt to Murder), and Section 27 of the Arms Act (Punishment for using arms). The accused had been arrested on August 28, 2022, in connection with these charges. However, the Jharkhand High Court granted bail on January 12, 2023.

Before the High Court, the accused asserted innocence and provided an undertaking to participate in the trial. Additionally, it was argued that no specific overt act had been alleged against the accused, and the investigation into the case had been completed. Taking these factors into account, the High Court directed the release of the accused on bail.

However, the Supreme Court, upon review, expressed dissatisfaction with the decision. The apex court noted that in cases involving attempted murder, the completion of the investigation alone should not be a sufficient reason to grant bail. Specifically, when charges under Section 307 of the IPC are involved, along with the accused being implicated with the aid of Section 149 of the IPC, mere completion of the investigation or the arguments presented cannot be the sole basis for granting bail without careful consideration of the relevant aspects.

The court emphasized that a mere claim of innocence or an undertaking to participate in the trial, even when coupled with the contention of the absence of specific allegations of any overt act, cannot serve as standalone reasons for the grant of bail in cases of a serious nature. The bench, comprising Justices, further highlighted the need for due consideration of the circumstances surrounding serious offenses, especially those involving attempted murder.

The Supreme Court, therefore, set aside the impugned order by the High Court and remanded the matter back for fresh consideration. The apex court directed the High Court to reevaluate the case in accordance with the legal principles and relevant aspects, emphasizing that completion of the investigation alone should not be the sole determining factor in deciding on bail.

This decision underscores the court's commitment to ensuring that bail is granted judiciously, particularly in cases involving serious offenses such as attempted murder. The ruling emphasizes the significance of a comprehensive assessment of the circumstances and relevant legal aspects before making decisions related to bail in such cases.



TAGS: Supreme Court bail serious offenses attempt to murder Jharkhand High Court Indian Penal Code (IPC) Arms Act FIR

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