The Supreme Court has said that courts should not enlarge history sheeters on bail with a “blinkered vision” and must consider the impact of their release on witnesses and innocent members of the family of the victim.
A bench headed by Chief Justice (now retired) S A Bobde made the observation while setting aside the order of the Allahabad High Court granting bail to an accused.
The top court said that there is no doubt that liberty is important, even that of a person charged with crime but it is important for courts to recognise the potential threat to the life and liberty of victims/witnesses, if such an accused is released on bail.
“It is needless to point out that in cases of this nature, it is important that courts do not enlarge an accused on bail with a blinkered vision by just taking into account only parties before them and the incident in question.
“It is necessary for courts to consider the impact that release of such persons on
bail will have on witnesses yet to be examined and innocent members of the family of
the victim who might be the next victims,” the bench also comprising Justices A S Bopanna ans V Ramasubramanian said.
Referring to its earlier verdicts, the apex court said when a stand was taken that the accused was a history sheeter, it was imperative for high courts to scrutinise every aspect and not capriciously record that the accused was entitled to be released on bail on the ground of parity.
“We find in this case that the high court has overlooked several aspects, such as the potential threat to witnesses, forcing the trial court to grant protection,” it said.
The bench said the Allahabad High Court granted bail to the accused in this case on very liberal terms, such as the execution of a personal bond to the satisfaction of jail authorities and the furnishing of sureties within a month of his release.
The high court has simply ignored the antecedents of the accused and the potential to repeat his acts by organising his criminal activities, the bench said.