Courts Can’t Lose Sight of Serious Nature of Accusations While Considering Bail Pleas: SC

New Delhi, Dec 19 (PTI) An individual’s liberty is an invaluable right but courts cannot lose sight of the serious nature of accusations while considering a bail plea, the Supreme Court has said while setting aside a Patna High Court order granting bail to an accused in a murder case.

The observation was made by a bench headed by Justice L. Nageswara Rao.

The top court was critical of the high court judgement granting bail to Pappu Singh, the head of a panchayat in Patna district, while taking note of the submissions of lawyer Smarhar Singh that the accused had attempted to kill Rupesh Kumar in 2017 before succeeding in 2020 and then was absconding for seven months.

The Supreme Court bench, also comprising Justices B.R. Gavai and B.V. Nagarathna, said a balance between the right to liberty and the severity of the case has to be struck by courts while dealing with such pleas.

“Ultimately, the court considering an application for bail has to exercise discretion in a judicious manner and in accordance with the settled principles of law having regard to the crime alleged to be committed by the accused on the one hand and ensuring purity of the trial of the case on the other,” said the bench.

While considering the bail plea, a prima facie conclusion must be supported by reasons and must be arrived at after having regard to the vital facts of the case brought on record, it said.

The bench said that due consideration must be given to facts suggestive of the nature of the crime, the criminal antecedents of the accused, if any, and the nature of punishment that would follow a conviction for the offences alleged.

“While we are conscious of the fact that liberty of an individual is an invaluable right, at the same time while considering an application for bail courts cannot lose sight of the serious nature of the accusations against an accused and the facts that have a bearing in the case, particularly, when the accusations may not be false, frivolous or vexatious in nature but are supported by adequate material brought on record so as to enable a court to arrive at a prima facie conclusion,” Justice Rao, writing the judgement for the bench, said.

Dealing with the facts of the case, the bench said the accused has been facing trial in several criminal cases and had attempted to kill the accused in 2017 before finally succeeding in 2020.

It also took note of the submissions of the lawyer that the accused suppressed his criminal history before the high court.

“The High court has lost sight of the … vital aspects of the case and in very cryptic orders has granted bail to the respondent accused. For the … reasons, we find that the High Court was not right in allowing the applications for bail filed by the respondent accused. Hence, the impugned orders passed by the High Court are set aside. The appeals are allowed,” the Supreme Court ordered.

According to the police, Pappu Singh, along with co-accused Deepak Kumar, killed Rupesh Kumar on the night of February 19, 2020, in front of his mother at his home in the Naubatpur police station area of Patna district.

Pappu Singh was on the run and was arrested on September 30, 2020. He was in judicial custody for nine months before being granted bail by the High Court, the lawyer said.

An appeal seeking cancellation of bail was filed by complainant Brijmani Devi, the mother of the deceased, in the apex court. A separate first information report was lodged against the accused in 2017 for his attempt to kill Rupesh Kumar due to political rivalry.