Supreme Court cancelled the bail passed by the high court in Harjit Singh vs. Inderjeet singh.

In this case, the person was accused of murdering his father. He was also the main conspirator in forming the conspiracy for the murder of his father.

In this present appeal, the plaintiff contended against the order of granting bail by the High court without considering the seriousness of the crime.

The Supreme court cancelled the order of the high court after observing the principles of granting or refusing the bail passed by the court in earlier judgments.

The observations made by the court in this appeal are:

  1. Narasimhulu vs. Public prosecutor, 1978 is the first case discussed by the court. The following points highlighted by the court are:
  2. Court before granting the bail consider the chances of accused tampering with evidence or threaten the witness related to case.
  3. Earlier conduct of accused is also taken into account before granting the bail.
  4. The probability of committing the crime while on bail is also taken into account.
  5. The nature of change and evidence against the accused.
  6. Previous conviction of the accused also taken into account.
  7. Ash Mohammad vs. Shiv Raj Singh, 2012 is the second case discussed by the court. The court highlighted the importance of individual liberty, but the court quoted that such liberty can’t be enjoyed at the expense of others liberty.
  8. State of Mitra vs. Sitaram Popat Vetal, 2004 is the third case discussed by the court. The following factors taken into account by the court before granting the bail are.
  9. Nature of charge.
  10. Nature of reporting evidence.
  11. seriousness of punishment in case of conviction.
  12. Reasonable apprehension of threating to complainant.
  13. Chances of tempering the evidence.
  14. Satisfaction of court in support of charge against the accused.

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