On Tuesday, Supreme Court Bench comprising of Justice DY Chandrachud and Justice MR Shah laid down certain parameters to be considered by High Courts of the country while deciding bail pleas.
These directions came in a judgement in which the Top Court cancelled the bail granted by the High Court to a person accused of murder under Section 302 IPC citing 'threat to the safety of the appellant' and the 'high probability of a repeat offence.'
The Bench has termed the order as 'grave error' considering the facts and circumstances of the case. Pointing out that the High Court had denied bail to the accussed in other case after he committed heinous crime when out, the Supreme Court disposed of the plea.
The 8 parameters laid down by the Bench are:
1. Whether there are prima facie or reasonable grounds to believe that the accused has committed the offence;
2. Nature and gravity of the accusation;
3. Severity of the punishment in the event of conviction;
4. Danger of the accused absconding, if released on bail;
5. Character, behaviour and standing of accused including his/ her antecedents;
6. Likelihood of the offence being repeated;
7. Reasonable apprehension of the witnesses being influenced;
8. Danger of justice being affected for grant of bail.
The judgement has been delivered by a bench comprising of Justice DY Chandrachud and Justice MR Shah on 24-08-2021.
Read Judgement Here:
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