Summary
The Court set aside bail orders in a fatal group-assault case because the High Court had failed to consider the gravity of the allegations and material including eyewitness accounts, identification and recordings. Review of an unsustainable original bail order differs from cancellation for subsequent misuse; absence of misconduct during more than two years on bail did not cure the defective grant. Both accused were required to surrender within one week. The trial’s merits remained open. The Court also criticised the State’s failure to appeal and directed communication for corrective steps.
Issues
- Whether bail granted without adequate consideration of the prosecution material should be set aside despite no subsequent misuse of liberty.
- What responsibility the State and prosecution authorities bore in responding to the defective bail orders.
Held
- The High Court dealt perfunctorily with serious allegations supported by eyewitness identifications, recovered implements and CCTV and mobile recordings. Its failure to consider the gravity and material rendered the bail orders unsustainable. The Court refrained from further merits observations because the trial was ongoing. (¶ 9.1-9.3)
- Cancellation for breach of bail conditions and setting aside an unjustified original bail grant involve different considerations. Passage of more than two and a half years without alleged misuse of liberty did not prevent correction of the unsustainable orders. (¶ 9.4)
- Both accused were directed to surrender to the concerned jail authority within one week; non-bailable warrants were to issue on default. (¶ 10)
- The State, as custodian of the community’s social interest, and the Director of Prosecution should make prompt decisions on challenging unjustified bail in serious cases. The Court directed its Registry to send the order to the specified senior State departments for corrective steps. (¶ 11)
Result
Both complainant’s appeals allowed; bail orders set aside; accused to surrender within one week, failing which non-bailable warrants to issue; order to be communicated to State authorities.