Pendency of cases can’t be a basis to refuse bail, says court

Ramkrishan Upadhyay

Tribune News Service

Chandigarh, October 8

While saying that allegations of grave and serious offence and pendency of several criminal cases against an accused cannot be a basis to refuse bail, the Court of Rajesh Sharma Additional Sessions Judge, Chandigarh, granted bail to two suspects who were arrested on the charges of snatching.

In the bail application filed through counsel Ashok Tyagi, both suspects - Anil and Hari Parkash - claimed that they were innocent and had been falsely implicated in the case.

The public prosecutor vehemently opposed the bail by saying that the suspects had actively participated in this offence and they were involved in two other cases of similar nature as well.

The suspects were arrested on the complaint of a woman, a resident of Sector 15. She had alleged two persons pulled a gold chain from her neck when she had gone for a morning walk on June 26, 2020. The duo fled from the spot on a motorcycle. After registering a case, the police arrested the duo. They were in judicial custody since July 8.

The court said the Supreme Court, in its recent decision rendered in Prabhakar Tewari v/s State of UP, has held that allegation of grave and serious offence and pendency of several criminal cases against an accused cannot be a basis to refuse bail plea. Consequently, keeping in view the facts and circumstances, the bail application of the suspects was allowed.

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