NEW DELHI: Modifying the "bail is rule, jail exception" view, the Supreme Court has held history-sheeters or habitual offenders to a nuisance and terror to society and asked courts to be cautious in granting bail to such individuals who are not at par with a first-time offender.
A bench of Justices Dipak Misra and Prafulla C Pant said discretionary power of courts to grant bail must be exercised in a judicious manner in case of a habitual offender who should not be enlarged on bail merely on the ground of parity if other accused in the case were granted the relief.
The SC, which has in slew of cases taken a pro-bail stance, said that criminal past of the accused must be checked before granting bail. It said that courts should not grant bail in a whimsical manner. In the past it has held that seriousness of the offense is not the only ground to deny bail, that compelling circumstances are needed to cancel bail and that interests of individual must be balanced against those of society.
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A bench of Justices Dipak Misra and Prafulla C Pant said discretionary power of courts to grant bail must be exercised in a judicious manner in case of a habitual offender who should not be enlarged on bail merely on the ground of parity if other accused in the case were granted the relief.
The SC, which has in slew of cases taken a pro-bail stance, said that criminal past of the accused must be checked before granting bail. It said that courts should not grant bail in a whimsical manner. In the past it has held that seriousness of the offense is not the only ground to deny bail, that compelling circumstances are needed to cancel bail and that interests of individual must be balanced against those of society.
