Supreme Court Criticizes Gujarat High Court’s Bail Order Based on Personal Settlement in Murder Case
The Supreme Court has expressed its astonishment and concern over a decision by the Gujarat High Court that granted bail to a murder accused based on a ‘personal settlement’ with the son of the deceased victim. The apex court’s bench, comprising Justices Hima Kohli and Rajesh Bindal, has taken a firm stance against such practices, emphasizing the gravity of the crime in question.
The court’s observation was unequivocal:
“Strangely enough one of the considerations that has weighed with the learned Single Judge includes the fact that the respondent No. 2 has filed a settlement arrived at with the original complainant and the affidavit of the original complainant confirmed the said settlement, that too in respect of an offence under Section 302 of the IPC.”
This statement underscores the court’s surprise and disapproval of the High Court’s decision.
The incident that led to this legal controversy occurred on September 17, 2021, when the accused reportedly attacked Parvinbhai and another individual. While the latter survived the assault with injuries, Parvinbhai tragically succumbed to his wounds.
Further intensifying the court’s concerns was the revelation that the accused, even after being granted bail, was arrested in connection with another FIR. The Supreme Court highlighted the accused’s brief incarceration, noting he had spent
“merely six months in jail from September 23, 2021, to February 18, 2022.”
The court further observed a discernible
“propensity on the part of the accused towards criminal behaviour” and emphasized the need for his immediate surrender.
The apex court also expressed its disappointment with the State of Gujarat for its inaction. The bench remarked,
“To our mind, this was a fit case where respondent No.1 [State] ought to have approached this Court against the order of bail granted by the High Court in favour of the respondent No.2 but surprisingly, no steps were taken.”
As a result, the court directed that a copy of its order be sent to the Secretary (Home), Government of Gujarat for thorough review and necessary action.
This case has brought to the forefront the complexities and challenges surrounding bail decisions, especially in grave crimes like murder. The Supreme Court’s intervention serves as a reminder of the need for judicious and principled decision-making in the justice system, ensuring that the rule of law is upheld and that justice is not compromised by personal settlements.
