AIR 1977 SC 2447 : (1978) 1 SCR 535 : (1977) 4 SCC 308 : (1978) CriLJ SC 195
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The State of Rajasthan, Jaipur
Appellant
Versus
Balchand
Respondent
(Before : V. R. Krishna Iyer And N. L. Untwalia, JJ.)
Criminal Misc. Petn. Nos. 1424-1425 in Criminal Appeal No. 174 of 1977, Decided on : 20-09-1977.
Criminal Procedure Code, 1973—Sections 437 and 389—Bail—Considerations for—Acquittal by High CourtHigh Court High Court Judges in England and Wales handle complex and tough cases, sitting in London and traveling to court centers around the country. They preside over serious criminal and important civil cases, and support the Lord and Lady Justices in hearing appeals. High Court Judges are commonly referred to as ‘Mr/Mrs/Ms Justice surname’ and are given the prefix ‘The Honourable’. They are assigned to the King’s Bench Division, the Family Division, or the Chancery Division. The King’s Bench Division focuses on civil wrongs and judicial review, the Family Division deals with family law, and the Chancery Division handles various cases including company law and probate. Judges are appointed through a rigorous process overseen by the Judicial Appointments Commission.—Special Leave against acquittal granted—The accused is young man with a family to maintain—No possibility of abscondance of other abuse—Bail granted.
The basic rule may perhaps be tersely put as bail, not jail, except where there are circumstances suggestive of fleeing from justice or thwarting the course of justice or creating other troubles in the shape of repeating offences or intimidating witnesses and the like by the petitioner who seeks enlargement on bail from the court. We do not intend to be exhaustive but only illustrative.
Counsel for the Parties:
Mr. S. M. Jain, for Appellant
Mr. D. Mukherjee, Sr. Advocate (M/s. V. S. Dave, R. C. Tyagi and S. S. Khanduja, Advocates with him), for Respondent
Mr. I. Makwaha, Advocate, for Intervener/Complainant.
Judgement
Krishna Iyer, J—The petitioner moves for bail having surrendered after leave was granted to the State to file an appeal against acquittal by the High Court.
2. The basic rule may perhaps be tersely put as bail, not jail, except where there are circumstances suggestive of fleeing from justice or thwarting the course of justice or creating other troubles in the shape of repeating offences or intimidating witnesses and the like by the petitioner who seeks enlargement on bail from the court. We do not intend to be exhaustive but only illustrative.
3. It is true that the gravity of the offence involved is likely to induce the petitioner to avoid the course of justice and must weigh with us when considering the question of jail. So also the heinousness of the crimeCrime A positive or negative act in violation of penal law; an offense against the state classified either as a felony or misdemeanor.. Even so, the record of the petitioner in this case is that, while he has been on bail throughout in the trial Court and he was released after the judgmentJudgment The statement given by the Judge on the grounds of a decree or order - CPC 2(9). It contains a concise statement of the case, points for determination, the decision thereon, and the reasons for such decision - Order 20 Rule 4(2). Section 354 of CrPC requires that every judgment shall contain points for determination, the decision thereon and the reasons for the decision. Indian Supreme Court Decisions > Law declared by Supreme Court to be binding on all courts (Art 141 Indian Constitution) Civil and judicial authorities to act in aid of the Supreme Court (Art 144) Supreme Court Network On Judiciary – Portal > Denning: “Judges do not speak, as do actors, to please. They do not speak, as do advocates, to persuade. They do not speak, as do historians, to recount the past. They speak to give Judgment. And in their judgments, you will find passages, which are worthy to rank with the greatest literature….” Law Points on Judgment Writing > The judge must write to provide an easy-to-understand analysis of the issues of law and fact which arise for decision. Judgments are primarily meant for those whose cases are decided by judges (State Bank of India and Another Vs Ajay Kumar Sood SC 2022) of the High Court, there is nothing to suggest that he has abused the trust placed in him by the court; his social circumstances also are not so unfavourable in the sense of his being a desperate character or unsocial element who is likely to betray the confidence that the court may place in him to turn up to take justice at the hands of the court. He is stated to be a young man of 27 years with a family to maintain. The circumstances and the social milieu do not militate against the petitioner being granted bail at this stage. At the same timeTime Where any expression of it occurs in any Rules, or any judgment, order or direction, and whenever the doing or not doing of anything at a certain time of the day or night or during a certain part of the day or night has an effect in law, that time is, unless it is otherwise specifically stated, held to be standard time as used in a particular country or state. (In Physics, time and Space never exist actually-“quantum entanglement”) any possibility of the absconsion or evasion or other abuse can be taken care of by a direction that the petitioner will report himself before the police station at Baran once every fortnight.
4. The petitioner will be released on bail on his entering into a bond of his own and one surety for ` 5,000/- to the satisfaction of the Addl. District and Sessions. Judge, Baran. While the system of pecuniary bail has a tradition behind it, the time has come for re-thinking on the subject. It may well be that in most cases not monetary suretyship but undertaking by relations of the petitioner or organisation to which he belongs may be better and more socially relevant. Even so, in this case we stick to the practice and direct the furnishing of one surety for ` 5,000/-.
5. Application for intervention allowed.