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Personal Settlements in Criminal Cases
« »01-Sep-2023
Source – Supreme Court
Why in News?
Recently, the Supreme Court conveyed disappointment at an order passed by the Gujarat High Court in the case of Bharwad Sanotshbhai Sondabhai v. State of Gujarat and raised questions about the appropriateness of allowing personal settlements in serious criminal cases.
- The Gujarat High Court in the aforesaid case granted bail to an accused in a murder case on the basis of a settlement between him and the complainant.
Background
- The incident took place on 17th September 2021, the accused attacked the victim who later succumbed to the injuries.
- The accused had approached the trial Court seeking bail twice and the trial Court declined to grant any relief as he was facing a charge under Section 302 of Indian Penal Code, 1860 (IPC).
- The accused approached the High Court and filed an application under Section 439 of Criminal Procedure Code, 1973 (CrPC).
- While taking into consideration the settlement between the accused and the complainant, the High Court granted him bail subject to imposition of certain conditions.
- Aggrieved by the order of the High Court, an appeal was filed before the Supreme Court
- The Supreme Court quashed the order of the High Court and directed the accused to surrender promptly before the trial court.
Court’s Observations
- The bench of Justices Hima Kohli and Rajesh Bindal criticized the State of Gujarat for not challenging the bail order.
- The bench raised questions about the appropriateness of allowing personal settlements in serious criminal cases of such magnitude and the implications of granting bail based on an individual's lack of prior convictions for serious offenses.
- The bench further held that the accused was not entitled to any relief and had remained in custody for barely six months before he was released on bail in respect of a serious offence under Section 302 of the IPC. His antecedents also indicate his propensity towards committing crime.
Legal Provisions
Section 302, IPC
- Section 302 of IPC prescribes the punishment for murder. It states that-
- Whoever commits murder shall be punished with death, or imprisonment for life and shall also be liable to fine.
- Murder is dealt with in Section 300 of IPC and this offence is non-bailable, cognizable, and triable by the Court of Sessions.
Section 439, CrPC
- This Section deals with the special powers of the High Court or Court of Session regarding bail. It states that -
(1) A High Court or Court of Session may direct-
(a) that any person accused of an offence and in custody be released on bail, and if the offence is of the nature specified in subsection (3) of section 437, may impose any condition which it considers necessary for the purposes mentioned in that sub- section.
(b) that any condition imposed by a Magistrate when releasing a person on bail be set aside or modified:
Provided that the High Court or the Court of Session shall, before granting bail to a person who is accused of an offence which is triable exclusively by the Court of Session or which, though not so triable, is punishable with imprisonment for life, give notice of the application for bail to the Public Prosecutor unless it is, for reasons to be recorded in writing, of opinion that it is not practicable to give such notice.
(2) A High Court or Court of Session may direct that any person who has been released on bail under this Chapter (chapter 33) be arrested and commit him to custody.
- In Sundeep Kumar Bafna v. the State of Maharashtra (2014), the Supreme Court held that in situations where the accused has not approached the magistrate in the first instance for bail, he can approach the Sessions Court or the High Court directly for bail under Section 439 of CrPC.