The BRICS TimesSupreme Court overturned Patna High Court’s March 2024 order that had given anticipatory bail to two accused in a murder case.
Top Court Warns Against Ignoring Victims’ Agony
The Supreme Court stated that while safeguarding individual freedom is essential, courts cannot overlook the agony of victims.
Justices Vikram Nath and Sandeep Mehta cancelled the Patna High Court’s March 2024 order granting anticipatory bail to two men accused in a murder case.
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Concern Over High Court’s Hasty Decision
The bench showed “serious concern” about how quickly the Patna High Court decided the case.
The judges said the Bharatiya Nagarik Suraksha Sanhita, 2023 allows both sessions courts and high courts to hear anticipatory bail requests. But the Supreme Court reminded that high courts must usually ask parties to first approach the sessions court.
Balanced Approach Protects All Sides
The bench explained that this approach serves everyone involved. Victims get a fair chance to challenge, while high courts review decisions already taken by sessions courts instead of making fresh judgments from the beginning.
The court noted that Patna High Court granted bail without giving any reason and without hearing the complainant.
Liberty Must Not Overshadow Victims’ Rights
The bench stressed: “While the protection of individual liberty is important, courts must not turn a blind eye to the suffering of the victims.”
It added that the balance must protect both the accused’s liberty and ensure victims feel secure from fear of perpetrators.
Bail Discretion Must Be Used Carefully
The September 17 order underlined that granting bail is discretionary but requires cautious use.
“In the present case, this discretion was totally uncalled for especially at the stage of anticipatory bail,” the bench stated.
The court said the high court did not properly weigh the seriousness of the charges.
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Heinous Murder in Broad Daylight
The Supreme Court expressed shock that bail was given despite allegations of a daylight murder.
The complainant’s wife was killed in public view, and the accused were named in the FIR filed in December 2023.
Accused Ordered To Surrender
The apex court, acting on the complainant’s appeal, overturned the anticipatory bail and ordered the accused to surrender within four weeks.
The bench said the accused could apply for regular bail after surrendering.
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