Supreme Court: Seriousness of the crime is a basic consideration for granting bail

Case : State of Kerala v. Mahesh

In September 2020, a man was accused for stabbing a 30-year-old dentist in front of her father to death.
He had attacked the deceased and inflicted very serious stab injury and caused damages to her internal vital organs.After committing the crime, he absconded and he could be apprehended only on October 6, 2020

The case was registered under various Sections of the Indian Penal Code: Section 341( Punishment for wrongful restraint), 324(Voluntarily causing hurt with dangerous weapons);201 ( Causing disappearance of evidence);212 (Harbouring offender);307 (Attempt to murder) and 302 (Punishment for murder)

The trial court denied him bail, whereas the High Court set him at liberty.A Bench led by Justice Indira Banerjee heard the appeal.

The Bench cautioned courts against mechanically granting bail in heinous offences.It was stated that the seriousness of the charge is a basic consideration before setting an accused free on bail.

It was stated that greater the heinousness of the crime, the greater is the chance of rejection of the bail. Though it is dependent on the factual matrix.

The court also agreed that grant of bail was a judge’s discretion.
It was further stated that such a discretion should be exercised in a judicious manner and not as a matter of course. Order for bail without any logical reason cannot be sustained.

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