Karam Singh v. State of Haryana
Case brief
What is this about?
Court states settled principles for pre-arrest bail: mala fides in accusation, seriousness of charges, applicant's role, likelihood of appearing at trial, and risk of tampering with witnesses or evidence.
What the court decided
A compact analysis
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POOJA SHARMA 2024.02.26 17:38 I attest to the accuracy and authenticity of this order/judgment.
POOJA SHARMA 2024.02.26 17:38 I attest to the accuracy and authenticity of this order/judgment.
POOJA SHARMA
2024.02.26 17:38 I attest to the accuracy and authenticity of this order/judgment.
7 As per settled law laid down by Apex Court in Gurbaksh Singh Sibbia vs. State of Punjab, 1980 (2) SCC 565, reiterated in Sushila Aggarwal and others Vs. State (NCT of Delhi) and another, 2020 (5) SCC 1 the Court while considering prayer for pre-arrest bail has to consider as to whether the accusation appears to be actuated by mala fides, nature of seriousness of the proposed charges, the role attributed to the applicant and the probabilities of securing presence of the applicant during the course of trial and as to whether there is any apprehension that the applicant will tamper with the witnesses or evidence.
8 It is the aforesaid considerations which need to be balanced by the Courts while considering grant of pre-arrest bail.
POOJA SHARMA 2024.02.26 17:38 I attest to the accuracy and authenticity of this order/judgment.
Issues for consideration
1 issue framed by the court
What factors govern the grant of pre-arrest bail?
Case details
As recorded by the court registry
- Court
- Punjab & Haryana HC
- Decided on
- · February
- Registered
- Case no.
- CRM-M/6398/2024
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