Higher court can set aside anticipatory bail order: Supreme Court

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The Supreme Court has held that a superior court can set aside an anticipatory bail order if there is enough material to suggest that factors like gravity of the offence and the role of the accused in the crime were not considered by the lower court.

A Bench led by Justice D.Y. Chandrachud said that a court, while considering an application for grant of anticipatory bail, has to consider the nature of the offence, the role of the person, the likelihood of his influencing the course of investigation, or tampering with evidence, including intimidating witnesses, the likelihood of fleeing justice, etc.

The apex court judgment set aside an anticipatory bail granted by the Madhya Pradesh High Court in a murder case. The HC had granted the bail, despite refusal by the trial court earlier. A man was shot dead by two men while a third held him down over a rivalry.

“Courts ought to be generally guided by considerations such as the nature and gravity of the offences, the role attributed to the applicant, and the facts of the case, while considering whether to grant anticipatory bail, or refuse it,” Justice Chandrachud wrote in the judgment.

The court reiterated the settled law that an appellate or superior court could set aside anticipatory bail granted by a lower court on the ground that the latter “did not consider material facts or crucial circumstances”.

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Printable version | Dec 7, 2021 3:54:17 PM |

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