RARE BAIL IN SERIOUS OFFENCES AFTER TRIAL STARTS BY SC

by | Dec 5, 2024

Headline

The Supreme Court of India instructs caution in granting bail for serious offences.

Summary

The Supreme Court of India condemned lower courts for granting bail in offences of serious nature like rape and murder dependent upon inconsistency in victim statements. It stated that trials should conclude before bail is made unless there is undue delay not caused by the accused.

Key Facts

  • Case Name: X v. State of Rajasthan.
  • Judges Name: Justice JB Pardiwala and Justice R Mahadevan.
  • The Supreme Court of India reviewed a order of High Court for granting bail to an accused in a  case of rape.
  • The High Court quoted inconsistency in the FIR and the statement of the victim under Section 164 of Criminal Procedure Code (CrPC) to justify bail.

Legal Insights

The Supreme Court of India observed that bail should not be granted during trial generally unless delay violates the right to a speedy trial of the accused . It declined evaluating credibility of the victim mid-trial to grant bail.

Impact

The bail of the accused was upheld, but stricter conditions were imposed, including barring him from the village of the victim . The trial court was ordered to wind up the trial within 3 months.

Why It Matters

This judgment focuses on being cautious in the decision of bail to safeguard victims and maintain trial integrity, showcasing the importance of speedy justice.

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Written By Archana Singh

I am Archana Singh, a recent law master's graduate with a strong aspiration for the judicial service. My passion lies in elucidating complex legal concepts, disseminating legal news, and enhancing legal awareness. I take immense pride in introducing my new legal website - The LawGist. Through my meticulously crafted blogs and articles, I aim to empower individuals with comprehensive legal insights. My unwavering dedication is to facilitate a profound comprehension of the law, enabling people to execute judicious and well-informed choices.

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