Supreme Court: What are parameters for setting aside bail order by appellate court?

 In the case of Mahipal v. Rajesh Kumar @ Polia and Anr. (Criminal Appeal No. 1843 of 2019) decided on 5th December, 2019, a coordinate Bench of this Court has discussed the scope of jurisdiction of the appellate Court in setting aside an order of granting bail. The two key factors for interfering with such an order are non-application of mind on the part of the Court granting bail or the opinion of the Court in granting bail is not borne out from a prima facie view of the evidence on record.{Para 6}

 IN THE SUPREME COURT OF INDIA

Criminal Appeal No. 152 of 2020 

Decided On: 24.01.2020

Prabhakar Tewari Vs. State of U.P. and Ors.

Hon'ble Judges/Coram:

Deepak Gupta and Aniruddha Bose, JJ.

Author: Aniruddha Bose, J.

Citation: Citation: 2020 INSC 89, MANU/SC/0085/2020,(2020) 11 SCC 648.

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Supreme Court: The Court should not refuse a bail to accused if multiple crimes are pending against him

The offence alleged no doubt is grave and serious and there are several criminal cases pending against the Accused. These factors by themselves cannot be the basis for refusal of prayer for bail. 

 IN THE SUPREME COURT OF INDIA

Criminal Appeal No. 152 of 2020 

Decided On: 24.01.2020

Prabhakar Tewari Vs. State of U.P. and Ors.

Hon'ble Judges/Coram:

Deepak Gupta and Aniruddha Bose, JJ.

Author: Aniruddha Bose, J.

Citation: Citation: 2020 INSC 89, MANU/SC/0085/2020,(2020) 11 SCC 648.

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