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.

Read the Judgment

Knowledge and content of about almost all their respective descriptions are borrowed from law-related blogs and websites, we, therefore, wish to give proper credit to all the respective law-related blogs and websites like LiveLaw, Bar and Bench, LatestLaws, PathLegal, FirstLaw, Lawctopus, IndianKanoon, Manupatra, LegallyIndia etc.. Many of the judgments are also taken from them websites of Hon'ble Supreme Court and other respective Hon'ble High Courts!

Formats for use

Talk to our volunteer on our #Helpline

8882-498-498

Single Helpline Number For Men In Distress In India

Join our mailing list!  Stay up-to-date on upcoming projects, offers & events.

  • Follow Daaman on Facebook
  • Follow Daaman on Twitter

©2018-2020 Daaman Welfare Society & Trust.

All rights reserved.

Beware, anyone can be a victim of gender bias in society and laws! 

Don't wait: Schedule a conversation with a trusted, experienced Men's Rights Activist to find out how only awareness is the key to fight and remove prevailing gender bias against men in society.