Bail should not be granted or rejected in a mechanical manner by courts; SC.

Supreme Court of India

CHIEF JUSTICE S.A. BOBDE, JUSTICE B.R. GAVAI & JUSTICE SURYA KANT

The SC on March 18, 2020 {Jeetendra v State of Madhya Pradesh & Anr.) held that the High Court ought to have kept in view that `Bail is rule and jail is exception’. It was held that there is no gainsaying that bail should not be granted or rejected in a mechanical manner   as   it   concerns   the   liberty   of   a   person.     It was held that in   peculiar circumstances of this case where closure report was filed twice, the High Court ought not to have declined bail only because the trial court was   yet   to   accept   the  said   report.     Further, it was held that the   examination   of witnesses   would   depend   upon   the   fate   of   2nd closure   report. Considering the nature of allegations attributed to the appellant and the period he has already spent in custody, it was held that he deserves to be released on bail forthwith.

In the present case, rejection of third bail application by the High Court of Madhya Pradesh had prompted the appellant to approach the SC. He has been in custody since 5th January, 2019 in connection with offences punishable under Sections 420, 177, 181, 193, 200 and 120­B of Indian Penal Code (for short, ‘IPC’). The appeal was allowed and the bail was granted to the appellant by the SC.