Justice Vinod S Bhardwaj said that antecedents of an accused may be one of the relevant considerations while adjudicating a bail petition, but it cannot be the sole criterion.
“The case for bail has to be considered on its own merits . Even though the antecedents of an accused may be one among the relevant considerations while adjudicating a petition on merits for grant of bail, however, a mere involvement of the petitioner in other cases cannot be the sole basis to keep him confined in perpetuity,” the Court said.
The power to adjudicate upon the liberties of an individual while considering his or her claim for bail, cannot be deployed as a means of inflicting sentence on an accused, the single-judge added.
Source: Barandbench
