New Delhi: The Supreme Court on Sunday set aside the order of the Patna High Court granting bail to an accused in a murder case. While reverting the High Court's judgement, the Supreme Court observed that while the liberty of an individual is an invaluable right, the courts cannot ignore the serious nature of the allegations while considering the bail plea.
The bench hearing this plea in the Supreme Court comprising Justice L Nageswara Rao, Justice BR Gavai and Justice BV Nagarathna's bench. The plea was in regard to the decision to grant bail to Pappu Singh, head of a panchayat in Patna district, given by the Patna High Court earlier.
The bench took note of the submissions of advocate Samarhar Singh that the accused had attempted a fatal attack on Rupesh Kumar in 2017, before finally killing him in 2020. The murderer was absconding for over seven months after that.
The bench said that while disposing of such petitions, the courts have to strike a balance between the right to liberty and the gravity of the matter. It also added that while considering the bail plea, the prima facie finding has to be supported by reasons and a conclusion should be extracted keeping in view the important facts brought on record in the case.
The bench said in the judgment, "We are aware of the fact that liberty of an individual is a priceless right. At the same time, while considering the bail applications by the courts, the serious nature of the allegations against an accused and the facts cannot be ignored." The bench highlighted the fact that the accused is facing trial in several criminal cases, while also taking note of the counsel's submissions that the accused had concealed his criminal past before the High Court.
As informed by the police personnel, Pappu Singh, along with co-accused Deepak Kumar, killed Rupesh Kumar at his residence, which falls under the Naubatpur Police Station area of Patna district on the night of February 19, 2020. Rupesh's mother was also present in the house at the time of the incident. Pappu Singh was absconding after that and was arrested on September 30, 2020. The lawyer said that the accused was in judicial custody for nine months before being granted bail by the High Court.
It is worth noting that earlier in another case also, the Supreme Court had said that before granting anticipatory bail, the courts should see the seriousness of the crime. Last October, a bench of Justices DY Chandrachud and BV Nagarathna had set aside the anticipatory bail orders granted by the Madhya Pradesh High Court to two murder accused.
The bench said that the courts while accepting or rejecting an anticipatory bail application, should generally be guided by the nature and gravity of the offence, the role of the applicant and the facts of the case. The bench further added that while passing the order granting anticipatory bail, solid facts, including the nature and gravity of the offence, and the specific charge against the accused were ignored.
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