High Court’s Bail Order for Accused in Land Dispute Murder Case Quashed and set aside by SC

In this criminal appeal the Supreme Court of India delivered a significant judgment on March 28, 2023. The case involved Criminal Miscellaneous Bail Application Nos. 3082/2022, 201/2022, and 3078/2022, in which the High Court of Judicature at Allahabad directed to release the accused on bail in connection with FIR being Case Crime No. 95/2021 for the offenses punishable under Sections 147, 148, 149, 324, 427, 441, 323, 506, 447, 307, 302, and 34 of the Indian Penal Code.

The present appeals were filed by the original informant/complainant, challenging the orders of the High Court releasing the accused on bail. The complainant contended that the High Court has materially erred in releasing the respondents-accused on bail, particularly when the offenses alleged were for the offenses under Section 302, which was a serious offense.

The Supreme Court held that the High Court had not properly appreciated the seriousness and gravity of the offenses committed by the accused. The Court noted that the land dispute between the father of the accused and the complainant side was the motive behind the offenses alleged in the FIR. The Court held that when the accused persons were facing trial under Sections 147, 148, 307, 302, and other offenses of IPC, which could be said to be very serious offenses, the High Court ought to have given cogent reasons while releasing the accused on bail.

The Court observed that the High Court had not given any independent reasons while releasing the respective accused on bail, except narrating the submissions made on behalf of the accused and the state. The Court held that the High Court failed to consider the seriousness and gravity of the offenses, and no cogent reasons were assigned by the High Court while releasing the accused on bail.

In conclusion, the judgment is significant as it highlights the importance of considering the seriousness and gravity of offenses while granting bail. The judgment reinforces the principles of justice and accountability and upholds the law's dignity.