cancellation
CANCELLATION OF BAIL AND ROLE OF STATE (DIRECTOR PROSECUTION)
The Hon’ble Supreme court quashed and set aside the Order of bail the granted to the accused the Hon’ble Court held that the High Court by the impugned orders have released the accused on bail in a most perfunctory and casual manner. The High Court has not at all considered the gravity of the offences alleged and the evidence collected during the investigation, which are forming part of the charge sheet. The judgments and orders passed by the High Court releasing the accused on bail are unsustainable both, on facts as well as on law.
The court held that it is settled preposition of law, cancellation of bail and quashing and setting aside the wrong order passed by the High Court releasing the accused on bail stand on different footings. There are different considerations while considering the application for cancellation of bail for breach of conditions etc., and while considering an order passed by the Court releasing the accused on bail. Once, it is found that the order passed by the High Court releasing the accused on bail is unsustainable, necessary consequences shall have to follow and the bail has to be cancelled.
- The court held that in the present case by not filing the appeal by the State against the impugned judgments and orders releasing the accused on bail in such a serious matter, the State has failed to protect the rights of the victim. It was held that instant case was the fit case where the State ought to have preferred the appeals challenging the orders passed by the High Court releasing the accused on bail. In criminal matters the party who is treated as the aggrieved party is the State which is the custodian of the social interest of the community at large and so it is for the State to take all the steps necessary for bringing the person who has acted against the social interest of the community to book. The court said that in the State there is a Director of Prosecution. Even the Director of Prosecution has failed to perform his duties in the instant case. The post of Director of Prosecution is a very important post in so far as the administration of justice in criminal matters is concerned. It is the duty of the Director of Prosecution to take prompt decision. Given that crimes are treated as a wrong against the society as a whole, the role of the Director of Prosecution in the administration of justice is crucial. He is appointed by the State Government in exercise of powers under Section 25A of the Code of Criminal Procedure. That his is a crucial role is evident from conditions such as in Section 25A (2) of the Code, which stipulates a minimum legal experience of not less than ten years for a person to be eligible to be Directorate of Prosecution and that such an appointment shall be made with the concurrence of the Chief Justice of the High Court. It is the duty of the Director of Prosecution and the State to ensure that the guilty are booked and punished.