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Issues involved: Bail order challenged by the appellant before the Supreme Court.
Background: A First Information Report (FIR) was lodged regarding a homicidal death. Respondents were declared as proclaimed offenders. High Court directed respondents to appear before the Chief Judicial Magistrate for bail application. Confusion arose regarding the appearance of respondents on the specified date. Appellant's Argument: Appellant's counsel argued that the High Court overlooked the fact that respondents were absconders as noted in previous orders. High Court's direction for bail without considering the merits of the case was erroneous. Respondents' Argument: Respondents' counsel contended that the High Court's directions were based on a holistic view of the material on record. Respondents surrendered and were granted bail as per the High Court's order. Impugned Directions: High Court directed respondents to appear before the Chief Judicial Magistrate and granted bail upon application, subject to certain conditions. Court's Analysis: The Supreme Court found that the High Court failed to consider the merits of the case and overlooked the absconding status of the respondents as noted in previous orders. High Court's decision to grant bail under Section 482 of the Code of Criminal Procedure was deemed improper. Decision: The Supreme Court allowed the appeal, setting aside the High Court's direction for bail. The Court directed respondents to appear before the trial court where any bail application would be considered appropriately. No opinion was expressed on the case's merits.
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