In a recent ruling, the Kerala High Court stated that an out-of-court settlement between the accused and the victims cannot be used as the sole basis for granting bail in a case of attempted murder under Section 307 of the Indian Penal Code (IPC).
Justice A Badharudeen observed that even if the accused and victims reach an agreement, the accused may still face conviction and punishment if other witnesses support the prosecution’s case during the trial.
“Merely because the injured persons submitted that they have settled the matter, that by itself is not a reason to grant bail to the accused in a crime involving offence punishable under Section 307 of IPC, since the other witnesses if depose at the time of evidence in support of the prosecution, conviction and sentence are possible,” the order stated.
“The criminal proceedings for the offence under S.307 IPC and/or the Arms Act etc., which have a serious impact on the society, cannot be quashed in exercise of the powers under S.482 of the Cr.P.C, on the ground that the parties have resolved their entire dispute amongst themselves,” the Kerala Court said.
The court reviewed a bail application for a defendant charged with violating various sections of the IPC, including attempt to murder under Section 307.
The prosecution alleged that the petitioner and another defendant attacked a man they had a grudge against, with the intent to murder him. The victim sustained multiple injuries but survived. The petitioner’s attorney argued that the dispute had been resolved, and the victim had filed an affidavit stating that he would not pursue prosecution.
However, the public prosecutor opposed bail, citing the petitioner’s criminal record and the severity of the injuries inflicted on the victim. The court observed that an offence under Section 307 cannot be settled based on an affidavit stating that the matter has been resolved.
“Mere plea of settlement of crime alleging commission of offence punishable under Section 307 of IPC by itself is not a ground to grant bail also and grant of bail shall be subject to the merits of the matter, inclusive of antecedents of the petitioner”, the Court observed.
The court denied the petitioner’s request for bail in light of the above legal position and his numerous prior convictions.
