The division judge bench of Justice M.R. Shah and Justice Krishna Murari of the apex court in the case of Bohatti Devi V. State of Uttar Pradesh & Anr quashed and set aside the order of the high court releasing the respondent No. 2 - accused on bail in connection with Case for the offense under Sections 302, 120B IPC.
BRIEF FACTS
The factual matrix of the case is that the High Court has released respondent No. 2 accused on bail in connection with the F.I.R. for the offense under Sections 302 and 120B IPC, the original complainant (now the State) has preferred the present appeal.
COURT’S OBSERVATION
The hon’ble court after going through the impugned order passed by the high court observed that the high court has not at all considered the seriousness and gravity of the offense and also not considered the relevant material forming the charge sheet. Further, no cogent reason has been given by the high court in releasing respondent no. 2 on bail. Even, the high court has not at all considering the fact that the earlier respondent No. 2 – accused initiated the proceedings before the High Court to quash the criminal proceedings against him by filing an application under Section 482 Cr.P.C., which came to be dismissed by the High Court. It appears that the High Court has considered the enlargement of bail for the co-accused. However, the High Court while considering the parity has not at all considered the role attributed to the said co-accused and the allegations against respondent No. 2 herein.
The apex court held that the impugned judgment and order passed by the High Court releasing respondent No. 2 on bail is unsustainable and the same deserves to be quashed and set aside and is accordingly quashed and set aside.
CASE NAME- Bohatti Devi V. State of Uttar Pradesh & Anr
CITATION- CRIMINAL APPEAL NO. 1695 OF 2022
CORUM- Justice M.R. Shah and Justice Krishna Murari
DATE- 30.09.22
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