Bail granted by HC to foreigner in alleged murder case dismissed: SC

On January 23, an order of the Punjab and Haryana High Court granting bail to a British national in an alleged murder case was set aside by the Supreme Court for the mere fact that no special consideration was needed to be given to him simply because he was a foreigner.

On equality grounds and fair means, the high court order granting bail to two other co-accused in the murder case lodged in 2015, was dismissed by the Apex Court.

"We see no reason to accord any special consideration for respondent no. one (Kaler) by virtue of a simple fact that he is a citizen of different country. The law under section 439 of CrPC (relating to grant of bail) is very clear and in the eyes of the law, every accused is the same irrespective of their nationality," said a bench comprising Justices N V Ramana and S A Nazeer, adding that as per the prosecution, British national Resham Chand Kaler along with others had ostensibly indulged in criminal activity.

Earlier Kaler has tried to seek a bail in the initial stage but his plea was dismissed and he moved high court which granted him the bail. The petitioner moved apex court, thereby challenging the high court's judgement.

"Though the respondent no. one (Kaler) is not a citizen of this country (British national), yet the fact remains that he along with other persons has indulged in the criminal activity," the bench said.

The top court also observed that it was unfortunate that the high court had not appreciated the facts of the case with "prudent legal perception".

"For all the aforesaid reasons, the appeal is allowed. We, therefore, set aside the order of the high court granting bail to the respondent no. one (Kaler) and direct the concerned police authorities to take the respondent no. 1 into custody immediately," it said.