Supreme Court has laid down norms/guidelines for grant of bail to accused in criminal cases. The Supreme Court has directed all the High Courts of the country to strictly follow them. If bail is being granted in any case, whether the prescribed standards have been considered or not, write it in detail in the order. Merely writing in the order that the record has been perused and the bail is being granted in view of the facts and circumstances of the case, will not suffice.
Among the parameters laid down are the clout, position and resourcefulness of the prime accused which are said to be ineligible for bail. The Supreme Court on Monday canceled the bail of Union minister’s son Ashish Mishra in the Lakhimpur case on the same grounds.
A three-judge bench headed by Chief Justice NV Ramana passed the order in the case of Rajasthan, in which a history-sheeter, a hardened criminal and a rape accused, was granted regular bail. Expressing displeasure, the top court canceled his bail and canceled his bail bonds and ordered him to surrender within a week.
The court said that we are seeing that the High Court is granting regular bail to the criminals in serious and heinous offenses without giving detailed reasons on the bail petitions filed under section 439 of CrPC. This is not right.
The bench said that in cases like Bihar Legal Support Society (1986), Amarmani Tripathi (2005), Prashanta Sarkar (2010) and Neera Yadav (2014), it was held that bail be ordered with detailed reasons. The court said that these standards are being reiterated once again, which is necessary to follow.
What is the standard?
– Whether there is a prima facie or reasonable basis for believing that the accused has committed the offence.
– What is the gravity and nature of the charge (heinous and offenses committed against women and children).
– What will be the intensity / harshness of punishment in case of punishment (offences with punishment of more than seven years).
In the event of bail being granted, there is no apprehension of the accused escaping.
What is the character, behavior, resourcefulness, position and prestige of the accused in the society.
On coming on bail, the possibility of recurrence of the crime.
– Reasonable apprehension of influencing witnesses.
Threat of obstructing the process of justice when on bail.