High Court exercising bail jurisdiction cannot pass directions which will have direct bearing upon trial

High Court exercising bail jurisdiction cannot pass directions which will have direct bearing upon trial

Prashant Dagajirao Patil Vs Vaibhav

Supreme Court

19/11/2021

CRIMINAL APPEAL NOS. 55-56/2021

About/from the judgment:

The Supreme Court has observed that a High Court, while exercising bail jurisdiction, cannot issue directions which will have a direct bearing upon the trial.

The Court observed thus while setting aside a direction of the High Court in a case, in which it directed the Investigating Officer to examine a CCTV footage and to submit a report.

In this case, some persons accused in a murder case approached the High Court seeking bail. Before the High Court, accused contended that a CCTV footage would prove their non-participation in the alleged incident. Thus, the Court directed the Investigating Officer to examine CCTV footage and submit his report before the Court. The complainant in this case, aggrieved with this order, approached the Apex Court.

Observing that such a direction was not appropriate, the bench said:

"While the learned counsel for the Respondents-accused have attempted to submit before us that such an exercise is necessary, we are not in agreement with the same. When only the limited issue of grant of regular bail to the accused is pending consideration before the High Court, it was not appropriate for it to pass the aforesaid directions which will have a direct bearing upon the trial. Thus, we are of the considered view that the direction of the High Court directing the Investigating Officer to examine the CCTV footage and to submit a report, is not sustainable in the eyes of law and deserves to be set aside."

Setting aside the High Court order, the bench requested it to consider the bail applications of the accused pending before it, expeditiously.

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