2023 (11) TMI 1263 - SC - Indian Laws

Seeking grant of bail - offences under Sections 147, 148, 149, 241, 323, 307, 353, 332, 333, 337, 393, 448, 427, 506 and 120-B of the Indian Penal Code, 1860 (I.P.C.) and under Section 27 of the Arms Act - HELD THAT - When the offences alleged, inter alia, includes one under Section 307, IPC and the accused concerned is so arraigned with the aid of Section 149, IPC, such submissions, reflected in paragraph or the mere factum of completion of investigation by itself, cannot be the reason(s) for grant of bail without due consideration of the relevant aspects. At any rate, mere claim of innocence or undertaking to participate in the trial or contention of absence of specific allegation of any overt act cannot, in such circumstances, be assigned as reasons for grant of bail in a case of serious nature. The impugned order deserves to be set aside and the matter is liable to be remanded to the High Court for fresh consideration in accordance with law - appeal disposed off by way of remand.

Summary

Issues Involved:
The appeal against the High Court order granting bail to the respondent accused in a case involving serious offenses under various sections of the Indian Penal Code and the Arms Act.

Details of the Judgment:

Issue 1: Grant of Bail based on Claim of Innocence and Completion of Investigation
The High Court granted bail to the respondent based on the claim of innocence by the applicant and an undertaking to participate in the trial, along with the completion of the investigation. The Supreme Court held that in cases involving serious charges like Section 307 IPC and when the accused is implicated under Section 149 IPC, mere assertions of innocence or completion of investigation cannot be sole grounds for bail. The Court set aside the High Court's order and remanded the matter for fresh consideration, emphasizing the need for a comprehensive review of relevant aspects before granting bail in such serious cases.

Conclusion:
The Supreme Court set aside the High Court's order granting bail to the respondent accused and remanded the matter for fresh consideration, highlighting the importance of thoroughly evaluating all relevant factors before deciding on bail in cases involving serious criminal charges.