Court has to apply judicial mind while deciding bail to accused: SC

NEW DELHI, (PTI): A court has to apply a ”judicial mind” and record brief reasons for deciding whether or not to grant bail to an accused, the Supreme Court said on Tuesday.

A bench comprising Justices M R Shah and Sanjiv Khanna said in determining as to whether bail should be granted, the High Court or the Sessions Court should not launch upon a detailed evaluation of the facts on merits since a criminal trial is still to take place.

”However, the Court granting bail cannot obviate its duty to apply a judicial mind and to record reasons, brief as they may be, for the purpose of deciding whether or not to grant bail. It is observed that the outcome of the application has a significant bearing on the liberty of the accused on one hand as well as the public interest in the due enforcement of criminal justice on the other…

”Therefore, while granting bail, the Court has to apply a judicial mind and record brief reasons for the purpose of deciding whether or not to grant bail,” the bench said.

The apex court also said that an accused cannot be released on bail merely because the prosecution case rests on circumstantial evidence if during the investigation the evidence/material has been collected and prima facie the complete chain of events is established. The observations came while cancelling a bail granted by the Gujarat High Court to a man accused of hatching a criminal conspiracy and killing his wife for monetary benefits.

The top court also discarded the ground given by the high court that the accused has deep roots in the society. ”In a case of committing the offence under Section 302 (murder) read with 120B (criminal conspiracy) of Indian Penal Code and in a case of hatching conspiracy to kill his wife and looking to the seriousness of the offence, the aforesaid can hardly be a ground to release the accused on bail,” the bench said adding that the order of the high court is unsustainable both, on the law as well as on facts.

The apex court said that while releasing the man on bail, the High Court has not at all considered the parameters to be considered in a serious offence of murder and hatching conspiracy to kill his wife. The impugned order passed by the High Court cannot be sustained and deserves to be quashed and set aside, the bench said while directing him to surrender within one week from today. (PTI)