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‘Cryptic and Casual’: SC sets aside HC bail order in disabled man’s murder – New Delhi News

A bench of Justices M.R. Shah and B.V. Nagarathna mentioned: “The High Court has lost sight of the aforesaid material aspects of the case and has, by a very cryptic and casual order, de hors coherent reasoning, granted bail to the accused. We find that the High Court was not right in allowing the application for bail filed by the respondent-accused.”

It mentioned the current case shouldn’t be match for granting bail to the accused, towards the backdrop of significant allegations towards him. “Strangely, the State of Rajasthan has not filed any appeal against the impugned order,” it added.

The prime court docket judgment got here on a plea filed by Manoj Kumar Khokhar towards the Rajasthan High Court, which granted bail to an accused who allegedly sat on the chest of his disabled father, Ram Swaroop Khokhar, and forcefully strangled him, inflicting his demise at a bus stand.

The FIR was registered in December on 8, 2019 and the accused arrested on December 10.

The petitioner claimed that the accused is an individual exercising vital political affect in the Bhopawaspachar village and the potential for him threatening or in any other case influencing the witnesses, if on bail, can’t be dominated out. The excessive court docket granted bail to the accused in May 2020. The petitioner moved the apex court docket difficult the excessive court docket order.

The prime court docket famous that it’s not vital for a court docket to provide elaborate causes whereas granting bail, notably when the case is on the preliminary stage and the allegations of the offences by the accused wouldn’t have been crystallised as such.

“However, the court deciding a bail application cannot completely divorce its decision from material aspects of the case such as the allegations made against the accused, severity of the punishment if the allegations are proved beyond reasonable doubt and would result in a conviction..”.

The bench emphasised the court docket ought to train its discretion in a considered method and in accordance with the settled ideas of legislation. “Thus, while elaborate reasons may not be assigned for grant of bail or an extensive discussion of the merits of the case may not be undertaken by the court considering a bail application, an order de hors reasoning or bereft of the relevant reasons cannot result in grant of bail,” it added.

“The respondent accused is on bail. His bail bond stands cancelled and he is directed to surrender before the concerned jail authorities within a period of two weeks from today.”

Disclaimer: This story is auto-aggregated by a pc program and has not been created or edited by FreshersLIVE.Publisher : IANS-Media

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