Supreme Court sets aside 'strange' Gujarat High Court bail order in murder case based on settlement

The Supreme Court recently expressed disapproval over a Gujarat High Court order granting bail to a murder accused based on a settlement with the complainant, who was the deceased victim's son. [Bharwad Santoshbhai Sondabhai v. State of Gujarat and anr].A Bench of Justices Hima Kohli and Rajesh Bindal said that it was surprising that the State government did not challenge the order passed in February last year. The Court also noted that the accused had only been in custody for six months and that he had a criminal history."Strangely enough one of the considerations that has weighed with the learned Single Judge includes the fact that the respondent No. 2 has filed a settlement arrived at with the original complainant...that too in respect of an offence under Section 302 (murder) of the IPC...To our mind, this was a fit case where the respondent No.1 – State ought to have approached this Court against the order of bail granted by the High Court in favour of the respondent No.2 but surprisingly, no steps were taken," the order stated..The Court proceeded to cancel bail and ordered the accused to surrender immediately. .The case concerns a 2021 incident, wherein two persons were accused for murdering the victim after a scuffle. One of the accused was earlier denied regular bail by the trial court twice, prompting him to move the Gujarat High Court, which granted him bail.A person injured in the scuffle filed an appeal before the Supreme Court challenging this bail order..The apex court was surprised to find that the High Court had relied on a settlement between the accused and the deceased victim's son to grant the accused relief.It also found that the High Court had wrongly stated that the accused had no criminal antecedents.Thus, it proceeded to set aside the High Court's 2022 bail order and allow the appeal, after also noting that the accused had spent barely six months in custody..A copy of the order was further directed be forwarded to the Gujarat Home Secretary for appropriate action..Advocates Somesh Chandra Jha, Kuldipsinh Jadeja, Pyoli and Mayank Gautam appeared for the appellant.Advocates Sunil Prakash Sharma, Kumar Deepraj and Raju Sonkar appeared for the accused.Advocates Ruchi Kohli, Swati Ghildiyal, Devyani Bhatt and Srishti Mishra represented the Gujarat government..[Read order]