Summary
The Supreme Court sustained regular bail granted to an accused facing rape and connected charges, while increasing his personal bond to Rs.10 lakh. On the particular record it found no fault in the High Court’s discretion and no cogent supervening circumstance warranting cancellation. The later FIR did not establish such a case. The Court expressly confined its observations to bail so that the allegations and defence remained for trial.
Issues
- Whether the High Court’s grant of regular bail was erroneous or subsequent circumstances justified cancellation.
- Whether the conditions of bail required modification.
Provisions considered
- Section 439, Code of Criminal Procedure, 1973The Court examined both the propriety of regular bail and the distinct grounds for cancellation, sustained release and enhanced the personal bond. (¶¶ 5, 10, 11, 12, 13, 15, 16)
Held
- Bail discretion requires attention to the seriousness of the accusation, supporting evidence, relative positions of accused and victim, risks to witnesses, flight and the administration of a fair trial. (¶ 11)
- Initial refusal of bail, appellate review of its grant and cancellation after release involve distinct considerations. Cancellation must rest on cogent material, including interference with justice, evasion or abuse of liberty, and must not be mechanical. (¶¶ 12, 14, 15)
- On this record the High Court’s exercise of discretion could not be faulted. The Court’s discussion of the relationship, complaint and defence was expressly confined to the bail appeal and was not a determination of the allegations for trial. (¶¶ 13, 15)
- The subsequent FIR did not establish a supervening circumstance warranting cancellation; there was no cogent material showing conduct justifying deprivation of the accused’s liberty. (¶¶ 14, 15)
- The personal bond was enhanced to Rs.10 lakh, with compliance required within two weeks. Subject to that modification, bail continued. (¶ 16)
Result
Appeal disposed of. Regular bail sustained; personal bond enhanced to Rs.10 lakh, to be complied with within two weeks. Pending applications disposed of.