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Addressing the grave allegations in the Balaramapuram child murder case, the Kerala High Court held that despite the brutal nature of the offence, the absence of direct evidence linking the mother to the act and her delayed implication warranted her release on bail.
The Supreme Court set aside bail granted to 3 accused in a hospital murder case, holding that the High Court failed to consider their specific roles and serious criminal antecedents. The Court reiterated that custody period and delay in trial cannot alone justify bail in heinous offences involving armed mob violence.
“Under Section 482(1) BNSS, a pre-arrest bail is maintainable only by a person who has reason to believe that he might be arrested for having committed a non bailable offence. The provision safeguards individuals from the possibility of being arrested with malicious intent, and pre-arrest bail must be sought only before an arrest is made.”
The accused had allegedly contravened Sections 318(4), 319(2), 336(3), 338, 340(2), 112(2) and 61(2)(a) of the Bharatiya Nyaya Sanhita, Section 66D of the Information Technology Act, and Section 13 of the Rajasthan Public Gambling Ordinance, 1949.
“No recovery of any contraband has been effected from the personal or conscious possession of the accused. The recoveries were made from the premises of third-party i.e. courier companies upon the disclosure statements of the co — accused”
In the case at hand, it is evident from the Medical Ossification Report that the victim’s age is between 16-18 years.
“A second/successive regular bail application cannot be rejected solely on the ground of maintainability thereof, but for such petition to succeed, the petitioner is required to show some substantial change in circumstances.”
“It is clear that police has not conducted any videography of the recovery of motorcycles from the applicant or preparation of list of seized motorcycles, though, same is mandatory.”
‘In our country, there are hermits and sages who do not have permanent homes or residences and stay in ashrams, and even those people can be and have been arraigned as accused.’
“It is high time to send a strong signal to the society at large to be more vigilant on women and children belonging to weaker sections of the society.”
“The investigation conducted so far indicates that the accused might not be a citizen of India, and as such might not be able to procure sureties, or amount to furnish personal bonds, or amount in lieu of surety(s). By foreseeing such a likely possibility, in the event of non-furnishing of the bonds, the accused cannot be kept in jail for an indefinite period”.
In the present case, the accused belonged to the Deprived Scheduled Caste category and was charged with voluntarily causing simple as well as grievous injuries to the person also belonging to Scheduled Caste category by criminally trespassing into his premises.
The nuanced contours of exceptional circumstances are inextricably woven into singular factual matrix of each case, upon the Court’s discretion, and there may be multitude of factors resulting an accused to file, maintain and pursue his regular plea before the High Court straightaway.
The way trial proceedings are being carried out appears to be in derogation of the principles of fair trial.
“No High Court or Trial Court shall pass any order granting regular bail or anticipatory bail based on an undertaking by the accused or their family members to deposit a particular amount. All such pleas shall be decided strictly on their own merits, in accordance with law.”
These acts which are alleged against Kapil Wadhawan, if proven, are not merely violations of penal statutes, but subvert the very integrity of financial institutions and investor confidence. Such economic offences are not private disputes, but public wrongs that corrode the nation’s economic fabric.
“Bail or jail belongs to the blurred area of criminal justice system which largely hinges on the hunch of the Bench, otherwise called judicial discretion. The Court should take cognizance of the fact that the liberty of an individual whose involvement has not been established in the commission of an offence, should not be lightly dealt with. Incarceration creates a concavity in the personality of an individual.”
“The Courts have consistently held that while considering bail in cases involving sexual offences against minors, the traumatic effect on the victim and the possibility of the accused influencing or intimidating the victim or witnesses must be given due consideration.”
In the present case seeking regular bail by the accused, the charge-sheet comprising about 10,000 pages was filed over 1 year ago citing 49 prosecution witnesses, but charges are yet to be framed. Therefore, the Court stated that it is obvious that trial will take a long time to conclude.
The accused, a 32-year-old MBA graduate from Indian Institute of Management, Lucknow, was incarcerated for almost two months for drunk driving, violating check posts and damaging police barricades.