The Bombay High Court, on Wednesday granted bail to an accused in a murder case citing his prolonged incarceration without the framing of charges for the past five years. Justice Bharati Dangre while.
A Division Bench of the Supreme Court, while allowing a bail plea, held that the grant of bail to a co-accused person cannot be contingent on the surrender of another accused who is also pertinently.
"CJI Chandrachud lamented that in very many cases, judges of district judiciary do not bail out of fear of being targeted. This is indeed a grim picture," CJ Datta said.
The Supreme Court held that bail already granted by a lower court can be cancelled by superior court if relevant material, gravity of the offence or its societal impact were not considered by the lower court.