gravity of offence - The Legal Chamber

This Supreme Court judgment establishes that parity cannot be the sole ground for granting bail; it must focus on the accused's specific role. Bail orders must contain reasons, reflecting application of mind to relevant factors like offence gravity. Granting bail solely based on another accused's release, without considering role distinction, renders the order legally unsustainable. Facts Of The Case: The factual matrix of this case originates from a First Information Report (FIR) lodged on 22nd April 2024, alleging the murder of the deceased, Sonveer. According to the complainant, Sonveer, along with his brothers Sagar (the appellant) and Pramod, were en route to their fields on a motorcycle when they were confronted by a group of six individuals, including the respondents Rajveer...

The Supreme Court reiterated that bail grant requires a balanced assessment of the nature and gravity of the offence, the prima facie case, and the accused's potential to influence the trial or evade justice. It set aside the High Court's bail order for failing to consider these established parameters, particularly the accused's conduct and the crime's seriousness. Facts Of The Case: The case stems from an FIR registered concerning a violent incident on the intervening night of May 4-5, 2021. The accused, Sushil Kumar, and his associates were alleged to have abducted several individuals from different locations in Delhi and taken them to Chhatrasal Stadium. There, they were violently attacked with wooden sticks and lathis, and gunshots were allegedly fired. One of the abducted in...

Tag: gravity of offence

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