Complainant can question merit of bail to an accused

NEW DELHI: The supreme court has ruled that “a complainant can always question the merits of the order granting bail” to an accused.

The bail of an accused facing trial for a heinous criminal offence can be revoked not only for its misuse by the accused but also if the victim files a suit raising valid objections, the supreme court said.

In a significant judgment in an appeal filed by a complainant challenging a high court order allowing bail to a murder accused, the court lamented that the high court had granted bail to the accused “mechanically”.

The victim’s father, Brij Nandan Jaiswal, moved the apex court seeking cancellation of bail given to accused Munna Jaiswal. “It is now a settled law that a complainant can always question the order granting bail if the said order is not validly passed. It is not as if once a bail is granted by any court, the only way to get it cancelled is on account of its misuse,” the bench held.

We find from the high court order that no reasons were given by the learned judge while granting the bail and it seems to have granted it almost mechanically without considering the pros and cons of the matter,” the bench said.

“While granting bail, particularly in serious cases like murder, some reasons justifying the grant are necessary,” the court added.