The division judge bench of Justice M.R. Shah and Justice Hima Kohli of the apex court in the case of Amy Mehta Vs State of Karnataka & Anr set aside the order passed by the high court as the high court has not taken into consideration the relevant aspects which are required to be kept in mind while considering the bail application, namely, seriousness of the offence alleged; material collected during the investigation; statement of the prosecutrix recorded under Section 161 of Cr.PC, etc.
BRIEF FACTS
The factual matrix of the case is that the High Court has released respondent No. 2 herein on bail in connection with an FIR registered for the offences punishable under Sections 376, 354, 328 and120B of IPC, the original informant/complainant/prosecutrix/victim has preferred the present appeal.
COURT’S OBSERVTAION
The hon’ble apex court held that the high court has not at all considered the seriousness of the allegations and the gravity of the offences alleged against the accused. It is reported that the chargesheet has already been filed.
So, whatever material has been collected during the investigation was required to be considered by the High Court while considering the application under Section 439 of Cr.PC. The impugned judgment and order passed by the High Court is unsustainable.
CASE NAME- Amy Mehta Vs State of Karnataka & Anr
CITATION- CRIMINAL APPEAL NO. 1981 OF 2022
CORUM- Justice M.R. Shah and Justice Hima Kohli
DATE- 17.11.22
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