Source: Supreme Court

Why in News?

Justice C.T. Ravikumar and PV Sanjay Kumar have observed that simply asserting innocence or agreeing to participate in the trial is not a valid reason for granting bail to an accused in serious offences.

• The Supreme Court gave this judgment in the case of The State of Jharkhand v. Dhananjay Gupta @ Dhananjay Prasad Gupta.

What is the Background of State of Jharkhand v. Dhananjay Gupta @ Dhananjay Prasad Gupta Case?

• First Information Report (FIR) was registered against the accused under several provisions of Indian Penal Code, 1860 (IPC), including Section 307 (Punishments for Attempt to Murder) and Section 27 of the Arms Act, 1959 (Punishment for using arms).
• The accused was arrested however, he was granted bail by the High Court on January 12, 2023.
• He pleaded innocence and submitted an undertaking for agreeing to participate in the trial.
• As no overt act had been alleged against the accused, the High Court directed the release of the accused on bail.
• Supreme Court observed that, in cases involving an attempt to murder, the fact that investigation has been completed cannot be a reason to grant bail.

What was the Court’s Observation?

• At any rate, mere claim of innocence or undertaking to participate in the trial or contention of absence of specific allegation of any overt act cannot, in such circumstances, be assigned as reasons for grant of bail in a case of serious nature.

What is Section 27 of the Arms Act, 1959?

• Punishment for using arms, etc.

(1) Whoever uses any arms or ammunition in contravention of Section 5 shall be punishable with imprisonment for a term which shall not be less than three years, but which may extend to seven years and shall also be liable to fine.

(2) Whoever uses any prohibited arms or prohibited ammunition in contravention of Section 7 shall be punishable with imprisonment for a term which shall not be less than seven years, but which may extend to imprisonment for life and shall also be liable to fine.

(3) Whoever uses any prohibited arms or prohibited ammunition or does any act in contravention of Section 7 and such use or act results in the death of any other person, shall be punishable with imprisonment for life, or death and shall also be liable to fine.

• Section 5 of the act deals with ‘Licence for manufacture, sale, etc., of arms and ammunition’.
• Section 7 deals with ‘Prohibition of acquisition or possession, or of manufacture or sale, of prohibited arms or prohibited ammunition’.