Offence of illegal religious conversion not as serious as dacoity, rape, murder: Supreme Court

The offence of illegally converting someone from one religion to another is not as serious or grave like murder, dacoity or rape, the Supreme Court said while granting bail to a maulvi was charged with the conversion of a mentally challenged boy to Islam..The Bench of Justices JB Pardiwala and R Mahadevan said that trial judges often exercise their discretion to reject bail despite attending conferences and seminars which are aimed at making them understand how to exercise their discretion while considering a bail application."Every year so many conferences, seminars, workshops etc. are held to make the trial judges understand how to exercise their discretion while considering a bail application as if the trial judges do not know the scope of Section 439 of the CrPC or Section 483 of the BNSS," the Court said.The Court also criticised the Allahabad High Court for refusing bail."We are of the view that the High Court should have exercised its discretion by granting bail to the petitioner. There was no good reason for the High Court to decline bail. The offence alleged is not that serious or grave like murder, dacoity, rape etc. We can understand that the trial court declined bail as trial courts seldom muster the courage of granting bail, be it any offence. However, at least, it was expected of the High Court to muster the courage and exercise its discretion judiciously," the top court said..There was no good reason for the High Court to decline bail. The offence alleged is not that serious or grave like murder, dacoity, rape etc.Supreme Court.The petitioner, a maulvi from Uttar Pradesh, is facing trial for offences punishable under Sections 504 (Intentional insult with intent to provoke breach of the peace) and 506 (criminal intimidation) respectively of the IPC and Section 3 and 5 of the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021. After trial court refused bail, the High Court too rejected the bail plea. The top court was hearing appeal against the Allahabad High Court order. .The Supreme Court underlined the growing tendency of trial courts refusing bail in such cases.Specifically on the discretion exercised by judges, the Court said,"Discretion does not mean that the judge on his own whims and fancy declines bail saying conversion is something very serious."As regards the present case, the Court said it was a matter which should never have reached the Supreme Court."In fact, this matter should not have reached up to the Supreme Court. The trial court itself should have been courageous enough to exercise its discretion and release the petitioner on bail. We fail to understand what harm would have befallen on the prosecution if the petitioner would have been released on bail subject to appropriate terms and conditions," the Court said.This is one of the reasons why the High Courts and now unfortunately the Supreme Court of the country is flooded with bail applications, the Bench opined while allowing the plea..[Read Order]