After an accused is convicted by a trial court, there is no presumption of innocence: Supreme Court High Courts should be exceedingly slow in giving bail to an accused person convicted by a trial court for severe crimes such as murder, according to a bench comprising Justices DY Chandrachud and MR Shah. The Supreme Court emphasised on Tuesday that after an accused is convicted by a trial court, the presumption of innocence does not apply throughout the appeal and bail hearings (Shakuntala Shukla v. State of Uttar Pradesh and Another) In light of this, the Supreme Court decided that a High Court should proceed with caution when granting bail to an accused individual convicted by a trial court of severe crimes such as murder.
"There will be no presumption of innocence after the accused has been convicted by the learned trial Court. As a result, the High Court would take a long time to issue bail to those accused of severe crimes punishable under Sections 302/149, 201 r/w 120B IPC who are appealing their convictions "According to the Court. In a criminal appeal filed against two decisions of the Allahabad High Court that granted bail to four defendants during the pendency of their criminal appeal, Justices DY Chandrachud and MR Shah rendered the verdict. They had been convicted of murder and condemned to life in prison by the trial court.
The Supreme Court stated right away that the manner in which the High Court dealt with the plea for bail could not be accepted. The Supreme Court stated that the High Court's directives are unclear. In this regard, the Court clarified how a judgement should be written. The Court stated that it is not enough for a conclusion to be correct; it must also be reasonable, rational, and understandable. In this instance, the Court determined that the accused's release on bail during the pendency of the appeal is legally unsustainable.
The Supreme Court also took issue with the fact that the High Court neglected to take into account the obstruction and derailment of the inquiry caused by the government. As a result, it found that the High Court made a grave mistake in releasing the accused on bail while their appeals against conviction were pending, and it reversed the High Court's decisions.
Tags : #Supreme Court of India #Allahabad High Court #presumption of innocence