Recently, the Supreme Court observed that a High Court, while exercising its bail jurisdiction, cannot issue directions that would directly impact the case.
The observation was made when the Court had set aside a High Court direction in a matter. In that case, the High Court had directed the Investigating Officer to examine CCTV footage and submit a report to them.
Some people who were accused in a murder case approached the High Court and sought bail. Before the Court, they contended that the CCTV footage would prove that they were not involved in the crime. Due to this contention, the Court directed the IO to examine the footage.
The complainant in the case challenged the High Court’s direction in the Supreme Court.
Observations of the Apex Court:-
The Court observed that as the main issue before the High Court was the bail application, the High Court should not have passed a direction that would directly impact the trial. As per the Bench, the High Court’s direction was not sustainable in law and should be set aside.
Hon’ble Supreme Court directed the High Court to consider the bail application and dispose of them expeditiously.
Title: PRASHANT DAGAJIRAO PATIL vs. VAIBHAV
Case No.: CRIMINAL APPEAL NOS.55-56/2021
Date of Order:19.01.2021
Coram: Hon’ble Justice NV Ramana, Hon’ble Justice Surya Kant and Hon’ble Justice Aniruddha Bose