Holding courts cannot go beyond statutory provision in granting relief to accused persons, the Supreme Court has said high courts cannot issue blanket bail orders for those allegedly involved in heinous offenses such as like murder.
A bench of justice KS Radhakrishnan and justice Dipak Mishra overturned Orissa high court verdict directing a sub-divisional judicial magistrate to enlarge three murder accused on bail upon their surrender.
The apex court observed: "It is clear as crystal the court cannot issue a blanket order restraining arrest and it can only issue an interim order and the interim order must also conform to the requirement of the section and suitable conditions should be imposed."
"In this regard, it is to be borne in mind that a court of law has to act within the statutory command and not deviate from it. It is a well settled proposition of law what cannot be done directly, cannot be done indirectly," the bench added.