Supreme Court says courts should look into accused's antecedents before granting bail

The Supreme court has observed that courts should enquire into the antecedents of an accused to probe into one's records while considering bail pleas. The rationale behind the top court's direction is to anticipate whether the accused in a case is likely to commit serious offences while out on bail. A bench comprising Justices DY Chandrachud and MR Shah noted the remarks while setting aside the bail granted by the Punjab and Haryana High Court to an accused in a murder and criminal conspiracy case. 

Track record imperative if accused 'likely to commit serious offence while on bail'

The Bench referred to its earlier decisions & said the deprivation of freedom by the rejection of bail plea is not an element of punitive purposes but in the interest of justice.

"Another relevant factor is whether the course of justice would be thwarted by him who seeks the benignant jurisdiction of the Court to be freed for the time being. The Court has also to consider the likelihood of the applicant interfering with the witnesses for the prosecution or otherwise polluting the process of justice. It is further observed that it is rational to enquire into the antecedents of the man who is applying for bail to find out whether he has a bad record, particularly a record which suggests that he is likely to commit serious offence while on bail," the Bench said. 

'Nature of accusation to be considered'

Further, the Apex Court said that while granting bail, the factors, inter alia, and other circumstances to be kept in consideration are the nature of the accusation, the severity of punishment in case of conviction and the essence of materials supporting evidence, the reasonable apprehension of tampering with the witness or posing threat to the complainant along with prima facie satisfaction of the court to justify the charge. 

The Supreme Court made its observations while hearing an appeal against a bail granted by Punjab and Haryana High Court. The accused in the case has been named in an FIR filed at Police Station Sadar Jalandhar, District Jalandhar under Sections 302 (murder), 120-B (criminal conspiracy), 34 (common intention), 201 (causing disappearance of evidence) of the Indian Penal Code and Section 25 (if a person either brings or takes out of India, arms or ammunition of any class) of the Arms Act. Basis allegations, the accused, Inderpreet Singh, is the main conspirator who hatched the plot along with other co-accused and that too from a jail, the court said. 

"The High Court has also failed to notice the serious allegation of hatching conspiracy from the jail. The High Court ought to have considered that if respondent no. 1 ( accused Inderpreet Singh) can hatch the conspiracy from jail, what he will not do if he is released on bail," the Bench stated. 

Further, the Bench rapped the High Court of failing to appreciate the facts of the case, the nature of allegations, gravity of offences and the 'role attributed to the accused'.