The High Court of Punjab and Haryana in a petition filed for cancellation of bail murder accused held that the grant or denial of bail cannot be done mechanically and the Courts must satisfy the minimum requirement of assigning a prima facie view borne out from the record while exercising such discretion and further stated that a very disturbing trend is emerging with the trial Courts as they have adopted a practice to grant bails in a mechanical manner, which is a huge cause of concern.
Brief Facts:
The present petition was filed for cancellation of bail granted to the accused under Sections 148, 149, 323, 341, 302 and 307 of IPC.
Observations of the court:
The court stated that the grant or denial of bail cannot be done mechanically and the Courts must satisfy the minimum requirement of assigning a prima facie view borne out from the record while exercising such discretion, as any such order has an impact on the liberty of the accused, the interest of the society and the victim and, proper administration of criminal justice.
It was further stated that the ends of justice are not met only when the accused is granted bail, the victim and the society acting through the State are also entitled to justice and the cause of the victim and society deserves equal aid from the Courts in the discharge of their judicial functions and evolved jurisprudence of bail is integral to socially sensitised administration of justice.
The court after going through the bail order stated that the impugned order granting bail is apparently whimsical, capricious and does not meet the objective standard of reason and justice and the court has not even recorded the prima facie opinion for the grant of bail. The court however stated that the petitioner was not able to point out any supervening circumstances which would indicate that allowing the accused to retain his freedom by enjoying the concession of bail, would be unconducive to the trial being conducted fairly.
The court added that in the absence of any supervening circumstances indicating the respondents, influencing the witnesses or misusing the concession of bail, post the grant of bail, the Court stated that it is restrained from cancelling the bail granted to them.
The decision of the Court:
The court dismissed the petition.
Case Title: Monu vs State of Haryana and anr.
Coram: Hon’ble Mr. Justice Harpreet Singh Brar
Case No.: CRM-M-39073-2018
Advocate for the Petitioner: Mr. Kanwar Arun Singh and Mr. Amit Choudhary
Advocate for the Respondent: Mr. Gurmeet Singh and Mr. Ajit Lamba
Read Judgment @LatestLaws.com
Picture Source :
