Supreme Court: High court should not release accused on bail by looking into the deposition of the victim

  Over a period of time, we have noticed two things, i.e., (i)

either bail is granted after the charge is framed and just

before the victim is to be examined by the prosecution before

the trial court, or (ii) bail is granted once the recording of the

oral evidence of the victim is complete by looking into some

discrepancies here or there in the deposition and thereby

testing the credibility of the victim. {Para 15}

16. We are of the view that the aforesaid is not a correct

practice that the Courts below should adopt. Once the trial

commences, it should be allowed to reach to its final

conclusion which may either result in the conviction of the

accused or acquittal of the accused. The moment the High

Court exercises its discretion in favour of the accused and

orders release of the accused on bail by looking into the

deposition of the victim, it will have its own impact on the

pending trial when it comes to appreciating the oral evidence

of the victim. It is only in the event if the trial gets unduly

delayed and that too for no fault on the part of the accused,

the Court may be justified in ordering his release on bail on

the ground that right of the accused to have a speedy trial

has been infringed.

REPORTABLE

IN THE SUPREME COURT OF INDIA

EXTRAORDINARY APPELLATE JURISDICTION

SPECIAL LEAVE PETITION (CRIMINAL) NO. 13378 OF 2024

X  Vs STATE OF RAJASTHAN & ANR. 

Dated: 27th November, 2024.

Citation: 2024 INSC 909.

Read full Judgment here: Click here.