However, in cases where the offences are of a serious and heinous nature, capable of creating fear and apprehension in society at large due to the impact they may have, and where continued presence of the accused on bail is likely to undermine public confidence in the administration of justice or impede the course of trial, courts are not powerless to cancel the bail. The present case is clearly of this nature, involving a premeditated, armed, and violent attack, which renders the exercise of such jurisdiction both necessary and imperative," the bench said.Challenging the HC order, state govt had contended that HC failed to examine the criminal antecedents of the accused, seriousness & gravity of the offences alleged, and the planned manner in which the crime was executed on failure of the informant to pay extortion money. Such offences strike at the very core of public order and the rule of law and, therefore, warrant a cautious and circumspect exercise of judicial discretion before directing release of accused on bail, particularly when trial is underway and the possibility of influencing witnesses tampering with evidence or otherwise obstructing the course of justice cannot be ruled out," it said.It said SC has consistently held that criminal antecedents constitute a vital and determinative factor which ought not to be ignored while considering an application for grant of bail, as they reflect the conduct, character, and behavioural pattern of the accused, and bear directly upon the likelihood of misuse of liberty.
Author: Amit Anand Choudhary
Published at: 2025-12-20 19:55:29
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