Cancellation Vs. Revocation of Bail - Cancellation of Bail When Justified
Supreme Court Restores Bail for Political Activists in Kerala Murder Case. Apex Court Sets Aside High Court's Revocation, Imposes Stringent Conditions to Ensure Fair Trial
News Report:
In a significant development, the Supreme Court of India has reinstated bail for five political activists accused in a high-profile murder case in Kerala. The Supreme Court bench, led by Justices Dipankar Datta and Augustine George Masih, has overturned the Kerala High Court's decision which had revoked the bail granted to the activists. The case revolves around the murder of a victim allegedly committed due to political enmity by members of a specific political organization.
The accused, Abhimanue, Athul, Sanand, Vishnu, and Dhaneesh, had been granted bail by the Sessions Court after spending nearly a year in custody. However, the High Court had set aside these bail orders, citing the mechanical manner in which the Sessions Court had granted bail without considering the gravity of the crime and potential risks of witness tampering and evidence manipulation.
The Supreme Court, while acknowledging the seriousness of the charges, emphasized the importance of balancing individual liberty with community safety and victim's rights. It noted that the appellants had been on bail for almost two years without any significant violation of bail conditions, except for one instance involving Vishnu. This instance was deemed insufficient to warrant the cancellation of bail.
The Supreme Court imposed stringent conditions to safeguard the integrity of the trial, including restrictions on the appellants' movements and regular attendance at police stations. It also directed that the appellants should not interfere with witnesses or evidence and cooperate fully with the trial proceedings. The Court highlighted that the golden rule of bail being the norm and jail the exception should guide judicial decisions unless there are compelling reasons to do otherwise.
The decision marks a pivotal moment in the case, reflecting the judiciary's commitment to uphold the principles of justice while ensuring fair trial proceedings. The Supreme Court's directives are set to pave the way for a balanced approach in dealing with cases involving serious allegations, ensuring both the protection of individual rights and the integrity of the judicial process.
Bottom Line:
Cancellation of bail is distinct from revocation of an order granting bail. While bail may be canceled due to violation of conditions by the accused, an order granting bail can be revoked if it is found to be illegal, perverse, or passed on irrelevant materials.
Statutory provision(s): Sections 439(2) and 482 of the Criminal Procedure Code, 1973, Sections 115(2), 118(1), 351(2), and 25 of the Bharatiya Nyaya Sanhita, 2023.
Abhimanue Etc. v. State of Kerala, (SC) : Law Finder Doc Id # 2782273
