Supreme Court explains test for bail under Section 319 CrPC, stressing higher evidentiary threshold and parity.
Case in News
The supreme court test for bail under section 319 clarifies standards for granting bail to newly added accused .
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Case Name
Md Imran @ D.C. Guddu v. State of Jharkhand (and connected matter)
Case Overview
In this significant ruling, the Supreme Court examined the parameters for granting bail to an accused summoned mid-trial under Section 319 CrPC . The Bench comprising Justice JB Pardiwala and Justice KV Viswanathan set aside the Jharkhand High Court’s order denying bail to the appellant . The Court emphasised that such accused cannot be mechanically denied bail and must be evaluated on a higher evidentiary threshold .
Key Aspects
The case arose from a murder FIR where several accused were initially dropped during investigation but later summoned during trial . The Court analysed whether continued custody of such accused is justified merely because they are added under Section 319 CrPC .
- FIR named nine accused; chargesheet filed against only three .
- During trial, witnesses named all accused, prompting Section 319 CrPC application .
- Trial court summoned three additional accused mid-trial .
- Appellant arrested on non-bailable warrant; bail denied by High Court .
- Other similarly placed co-accused were granted anticipatory bail raising parity concerns .
Legal Insights
The judgment lays down a structured legal test balancing personal liberty with trial integrity . It clarifies the evidentiary threshold distinct from charge-framing and conviction stages .
- Section 319 CrPC: Power of court to summon additional accused during trial .
- Bail to Section 319 accused requires evidence stronger than prima facie case .
- Threshold lower than proof sufficient for conviction, but higher than framing charges .
- Factors include offence gravity, evidence quality, flight risk, and witness tampering .
- Principle of parity applies when similarly situated co-accused are on bail .
Court’s Verdict
The Supreme Court held that the stringent threshold to deny bail to a Section 319 CrPC accused was not met. Upholding parity and liberty principles, the appellant was granted bail . The State’s appeal against anticipatory bail granted to other co-accused was dismissed .
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Read also-CrPC
Source-Supreme Court of India
