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Mahipal v. Rajesh Kumar @ Polia & Anr.

Criminal Appeal · 2019 INSC 1325Decided 5 Dec 2019
Criminal Appeal No. 1843 of 2019
Dr. Justice D.Y. Chandrachud · Justice Hrishikesh Roy

Background

The appellant's nephew was beaten to death with rods by a group of five men following a roadside altercation, and a post-mortem recorded twenty-seven ante-mortem injuries. After a chargesheet under Section 302 IPC was filed, the trial court rejected bail for one of the accused, but a Single Judge of the Rajasthan High Court granted him bail in a one-paragraph order without discussing the evidence. The complainant appealed to the Supreme Court against the grant of bail, and similar appeals against bail granted to the four other accused were tagged along.

Decision Breakdown

The Supreme Court held that while appellate courts are normally slow to interfere with bail orders, the High Court's order here showed a complete non-application of mind: it ignored the post-mortem findings, the eyewitness's statement, and the recovery of the deceased's phone and the murder weapon-linked motorcycle from the accused. Citing a line of precedent on the factors relevant to bail (nature of the offence, severity of punishment, and the need for a reasoned order), the Court held that bail orders devoid of reasoning cannot stand, especially in serious offences. It set aside the bail granted to all five accused, cancelled their bail bonds, and directed they be taken back into custody, while clarifying it expressed no opinion on the merits of the case at trial.

Lesson Learnt

Bail cannot be granted as a matter of routine, especially for serious offences: a court granting bail must record the reasons that justify its discretion, and an order that merely recites "having perused the record" without engaging with the evidence is liable to be set aside on appeal.

Official source (sci.gov.in)View Judgment (PDF)

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