Court should enquire into antecedents of accused while considering bail: Supreme Court

Courts should enquire into the antecedents of an accused to find out if he has a bad record and is likely to commit serious offences while out on bail the Supreme Court has observedA bench comprising justices Dhananjaya Y Chandrachud and MR Shah made the remarks while setting aside the bail granted by the Punjab and Haryana High Court to a man facing a murder and criminal conspiracy caseThe nature of the charge and the evidence are also vital factors while deciding on bail pleas the bench said adding the severity of the punishment in case of conviction also bears upon the issue Referring to its earlier decisions the bench said the deprivation of freedom by the refusal of bail is not for punitive purposes but for the bifocal interests of justiceAnother relevant factor is whether the course of justice would be thwarted by him who seeks the benignant jurisdiction of the Court to be freed for the time being The Court has also to consider the likelihood of the applicant interfering with the witnesses for the prosecution or otherwise polluting the process of justiceIt is further observed that it is rational to enquire into the antecedents of the man who is applying for bail to find out whether he has a bad record particularly a record which suggests that he is likely to commit serious offences while on bail the bench saidThe top court said that while granting of bail the factors among other circumstances which are required to be considered are the nature of the accusation the severity of punishment in case of conviction and the nature of supporting evidence reasonable apprehension of tampering with the witness or the apprehension of threat to the complainant and prima facie satisfaction of the court in support of the chargeThe SCs observations came while it was hearing an appeal against a Punjab amp Haryana High Court granting bail to an accused in connection with an FIR at Police Station Sadar Jalandhar District Jalandhar under Sections 302 murder 120B criminal conspiracy 34 common intention 201 causing disappearance of evidence of Indian Penal Code and section 25 of the Arms Act 1959The bench said the high court has failed to appreciate and consider the nature of the accusation and the severity of the punishment in case of conviction and the nature of supporting evidence The High Court has also failed to appreciate the facts of the case the nature of allegations the gravity of the offence and the role attributed to the accused As per the allegations the accused Inderpreet Singh respondent no1 herein is the main conspirator who hatched the conspiracy along with other coaccused and that too from the jailAlso Read Over 1800 Amrapali homebuyers including Dhoni told to clear balance amount within 15 daysThe High Court has also failed to notice the serious allegation of hatching conspiracy from the jail The High Court ought to have considered that if respondent no1 accused Inderpreet Singh can hatch the conspiracy from jail what he will not do if he is released on bail the bench saidThe apex court said that in the facts and circumstances of the case the High Court has committed a grave error in releasing Singh on bail and therefore the impugned judgment and order passed by the High Court is unsustainable and the same deserves to be quashed and set asideThis story has been sourced from a third party syndicated feed agencies Midday accepts no responsibility or liability for its dependability trustworthiness reliability and data of the text Midday managementmiddaycom reserves the sole right to alter delete or remove without notice the content in its absolute discretion for any reason whatsoever