“Accordingly, the Anticipatory Bail Application is dismissed without expressing any opinion on merits of the case with liberty to the applicants to approach the concerned Court of Sessions,” the Court ordered.
During the investigation, the petitioner and the co-accused were apprehended on May 28, 2020, and they admitted their involvement in the homicide in their disclosure statement.
Justice Sen pointed out to the SG that the judgments cited by him (as above) referred to disruptive circumstances that arose 'during the course of trial'. The judge asked: "Can you give us any illustration of the present case where such transfer was allowed in bail application?"
The Supreme Court has issued notice into a petition challenging the order of the Allahabad High Court, which rejected the bail application of a man accused of killing his wife.
The High Court had observed while disposing of the bail application that detention period and delay in trial are material factors for consideration of bail, but apart from that the nature of offence and its seriousness is also to be seen and the impact of bail on society at large.
The Patna High Court on Monday held that a vacation bench of the High Court cannot decide and dispose of any case, other than bail application, on merits.