The division judge bench of Justice M.R. Shah and Justice Krishna Murari of the apex court in the case of Nitin Kumar V. Gulveer & Anr held that as per the settled position of law, the gravity and seriousness of the offense are relevant considerations for the purpose of the grant of bail

BRIEF FACTS

The factual matrix of the case is that the FIR was loged under section 302 of the Indian Penal Code against the accused and the co-accused. Further, during the course of the investigation, the statement of one eyewitness was recorded under section 161 Crpc in which he stated that he caught hold of the deceased and the co­accused caused the injury on the neck of the deceased. In the FIR, the motive was also alleged. Thereafter, accused no. 1 filed the bail application before the trial court but the trial court refused to grant bail to the accused no. 1. Therefore, respondent no. 1 filed the bail application before the hon’ble high court and the high court granted bail to the accused.

COURT’S OBSERVATION

The hon’ble court stated that the High Court has not appreciated that there is an eye witness,   who has categorically stated that respondent No. 1 caught hold of the deceased. The High Court ought to have appreciated that if respondent No. 1 would not catch hold of the deceased it would not have been possible for the co-accused Shekhar to cause injuries to the deceased. Therefore, the High Court ought to have appreciated that the role attributed to respondent No. 1 can be said to be very serious like co­accused Shekhar.

As per the settled position of law, the gravity and seriousness of the offense are relevant considerations for the purpose of the grant of bail.

The High Court was required to consider the gravity and the seriousness of the offense and the nature of the allegations against respondent No. 1   – accused. The order passed by the high court in granting bail to the accused convicted under section 302 of the Indian penal code was held unsustainable.

CASE NAME- Nitin Kumar V. Gulveer & Anr

CITATION- CRIMINAL APPEAL NO.  1547 OF 2022

CORUM- Justice M.R. Shah and Justice Krishna Murari

DATED- 16.09.22

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Prerna Pahwa