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Issues involved: Bail application rejection, consideration of nature and gravity of offence, judicial propriety in bail decision, credibility and reliability of witnesses, sustainability of bail order.
Bail Application Rejection: Respondent No. 3, accused u/s 302/120B IPC, had his bail application rejected by trial Court, High Court, and Supreme Court. Subsequent bail application was also unsuccessful, leading to filing of Misc. Criminal Case No. 850/2006 before the Chief Justice of Chhattisgarh High Court, who granted bail to the accused. Consideration of Nature and Gravity of Offence: The accused was involved in the murder of a rival political leader during an election campaign. The primary consideration in granting bail for non-bailable offences is the nature and gravity of the offence, which was not adequately considered by the Chief Justice while granting bail. Judicial Propriety in Bail Decision: The Chief Justice's decision to grant bail seemed to involve a detailed scrutiny of evidence and a determination of the case's merit, which goes against legal principles and judicial propriety. The Chief Justice's observations and findings virtually amounted to acquitting the accused before trial, which could prejudice the prosecution case. Credibility and Reliability of Witnesses: The Chief Justice's findings on the credibility and evidential value of witnesses during the bail consideration stage were deemed inappropriate. Such assessments should be reserved for the trial stage, and the bail decision should focus on establishing a prima facie case for bail, not on evaluating witness credibility. Sustainability of Bail Order: The Supreme Court set aside the bail granted by the Chief Justice, canceling the bail bonds and directing the accused to be taken back into custody. The Court clarified that this decision did not reflect on the case's merit or the credibility of prosecution witnesses. The Chief Justice's detailed findings at the bail stage were considered unsustainable in law.
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