The Supreme Court on Monday decried the granting of bail to the accused in the riot cases by courts below in a routine manner, saying that “goons” could not be released from jail on the premise that they were not identifiable in the mob.
“The society will not be safe if a mob of 100 goons were to burn properties and then claim that they have not been identified,” a vacation bench said while rejecting the bail petition of an accused facing trial in a riot case in Azamgarh in Uttar Pradesh. Accused counsel Satish Kumar sought bail on the ground that the police had not initially identify him correctly and his name was not even in the FIR.
The counsel also stated that since the other co-accused had been enlarge on bail, his client was entitled to the same relief.
“You got the benefit due to wrong identity,” the bench comprising Justices G.S. Singhvi and C.K. Prasad told Mr Kumar’s counsel.
The top court directed the accused to move the bail application before the trial court and recorded in its order that the judge would not be “precluded” from considering it as per the law but strictly on merits.
As Mr Kumar’s counsel submitted that his client was earlier granted bail but it was cancelled due to certain confusion about his identity, the bench as the bail was granted erroneously that would not make a case for giving it automatically again.