The Supreme Court clarified that a fresh bail plea after cancellation can be considered only if the accused shows a change in circumstances or raises new grounds. A recent case involved an accused in an attempt to murder and Arms Act situation where bail was granted by the Allahabad High Court but later overturned by the Supreme Court due to errors in the decision-making process. The accused’s conduct post-bail cancellation was a crucial factor in the court’s decision.
The accused, Zeeshan, was allegedly involved in an incident captured on CCTV where he fired a country-made pistol and concealed the weapon and cartridges. Despite being directed to surrender promptly, the accused evaded arrest for over a month, leading to further legal actions against him. The Supreme Court emphasized the importance of considering the accused’s behavior post-bail cancellation when evaluating a new bail plea.
The apex court highlighted that a High Court can grant bail even after the Supreme Court cancels it, but this must be supported by valid reasons like changed circumstances or new grounds. In this specific case, the accused’s failure to surrender promptly and the High Court’s oversight of crucial evidence led to the bail being revoked. The court stressed the need for a strong legal basis and consideration of all relevant factors in such decisions.
