NEW DELHI: Anticipatory bail in cases involving serious offences should not be given in a mechanical manner, the Supreme Court has said. A three-judge bench of Justices Vikram Nath, Sanjay Karol, and Sandeep Mehta made the observation while setting aside an order of anticipatory bail to four accused persons in a murder case.
Observing that the Patna HC had “clearly failed” to appreciate the gravity and nature of the allegations in the case, the court directed that the accused should surrender within eight weeks. The SC passed the order on hearing an appeal filed by the victim’s son challenging the order granting these four persons the anticipatory bail.
“The order of the High Court (Patna) does not disclose any reasoning for granting anticipatory bail in a matter involving serious offences under Sections 302 (Murder) and 307 (Attempt to Murder) of the IPC,” said the bench.