The division judge bench of Justice M.R. Shah and Justice Krishna Murari of the apex court in the case of Yashpal Singh vs state of Uttar Pradesh and Anr held that when the accused person is facing trial under serious offenses, the High Court ought to have given cogent reasons while releasing the accused on bail.
BRIEF FACTS
The factual matrix of the case is that the land dispute was going on between the respondent and the complainant. When a dispute of land in possession was pending against the accused. Thereafter, on the disputed land, a tractor was driven on the standing crops with the intention of taking over the possession of the land. Further, when the family members of the informant and the villagers came to the spot with the intention of stopping them but they intentionally attacked due to which the brother of the appellant died on the spot.
After his arrest, the bail application before the trial court was rejected. Due to this the accused approached the high court and the high court without considering the seriousness and gravity of the offenses committed by the accused.
COURT’S OBSERVATION
The hon’ble supreme court of India held that no reason whatsoever has been given by the High Court while releasing the respondent on bail. When the accused person is facing trial under Sections 147, 148, 307, 302 and other offenses of IPC, which can be said to be very serious offenses, the High Court ought to have given cogent reasons while releasing the respondent on bail except narrating the submissions made on behalf of the accused and the State, no further independent reason has been given by the High Court while releasing respondent on bail. Therefore, the decision of the high court in releasing the respondent on bail is held unsustainable.
CASE NAME- Yashpal Singh vs state of Uttar Pradesh and Anr
CITATION- CRIMINAL APPEAL NO. 1509 OF 2022
CORUM- Justice M.R. Shah and Justice Krishna Murari
DATED- 15.09.22
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