Trends of granting BAIL in non-bailable offences in India

  • A. GOSWAMI  VS UOI: SC upheld Press Rights, stayed FIRs except one while restraining coercive action, allowed three weeks for Bail-24/04/2020 - Save and except for FIR No 238 of 2020 dated 22 April 2020, registered at Police Station Sadar, District Nagpur City, Maharashtra, all further proceedings arising out of and emanating from the remaining FIRs and complaints listed out at Annexure P-2 of the petition shall remain stayed, until further orders; For a period of three weeks, the petitioner shall be protected against any coercive steps arising out of and in relation to the above FIR arising out of the telecast which took place on 21 April 2020;
  • Anticipatory bail granted depending on conduct and behavior of accused, continue end of trial- Issued guidelines: Constitutional Bench - “(1) Whether the protection granted to a person under Section 438 Cr.P.C. should be limited to a fixed period so as to enable the person to surrender before the Trial Court and […]
  • Anticipatory bail is subject to extraordinary equitable discretion of Court - An order of anticipatory bail virtually converts a non bailable offence under the Code to a bailable one subject, of course, to appropriate conditions which the Court can in the interests of […]
  • Court should not impose excessive condition for granting bail - Criminal Procedure Code, 1973 (CrPC) - Section 437 - Bail - Conditions for - Excessively onerous condition that accused should pay a huge sum of Rs. 2 lacs at stage of FIR - Accused failed to make the payment of said amount and languishing in jail endlessly - Not proper. Order passed by Metropolitan Magistrate imposing condition that accused should pay a huge sum of Rs. 2 lacs to be set at liberty, not proper. If he had paid it is a different matter. But the fact that he was not able to pay that amount and in default thereof he is to languish in jail for more than 10 months now, is sufficient indication that he was unable to make up the amount. Can he be detained in custody endlessly for his inability to pay the amount in the range of Rs. 2 lacs. If the cheques issued by his surety were dishonoured, the Court could perhaps have taken it as a ground to suggest to the payee of the cheques to resort to his legal remedies provided by law.
  • Despite not providing for anticipatory bail under SC/ST Act, however Court can quash FIRs for want of Prima facie case: SC - Concerning the applicability of provisions of section 438 Cr.PC, it shall not apply to the cases under Act of 1989. However, if the complaint does not make out a prima facie case for applicability of the provisions of the Act of 1989, the bar created by section 18 and 18A (i) shall not apply. We have clarified this aspect while deciding the review petitions.
  • Discharge of a person arrested by police in thana level - Discharge of person apprehended No person who has been arrested by a police officer shall be discharged except on his own bond, or on bail, or under the special order of a […]
  • GANAPATI AND OTHERS Vs. THE STATE OF MYSORE - Indian Penal Code, 1860 (IPC) — Sections 147, 148, 307 — Cancelling the bail granted -Once the police had filed a charge sheet in the case, the Magistrate was not at all justified in entertaining any petition filed on behalf of the private complainant and that too acting upon it. behind the back of the accused and cancelling the bail granted to the petitioners-accused.
  • Gangster Vikas Dubey was granted bail on 28/05/2020 by Allahabad High Court - In the event of arrest the applicant shall be released on anticipatory bail till the submission of police report, if any, under section 173 (2) Cr.P.C. before the competent Court on furnishing a personal bond of Rs.25,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions
  • Granting bail under NDPS Act - PRAJESH SHANTILAL VAGHANI Vs. THE INTELLIGENCE OFFICER, NARCOTICS CONTROL BUREAU AND ANOTHER BOMBAY 
  • Gurbaksh Singh Sibbia Versus The State of Punjab-9/04/1980 - Criminal Procedure Code, 1973—Sections 437 and 438—Anticipatory bail—Considerations for—Anticipation of foul play—The provision for grant of bail can be invoked to meet such contingency in addition to other grounds.
  • In Re: Harish K. Madan-13.08.2019 - An application for anticipatory bail under section 438 of the Code of Criminal Procedure filed on 18.7.2019 in connection with Ballygunge P.S  case no. 27 of 2019 dated 1.3.2019 under sections 420/406/467/468/471/120B of the IPC - Bail granted
  • Informant shall be noticed before considering Bail by HC/Session U/S 376(3), 376-AB, 376-DA, and 376-DB IPC - The Criminal Law (Amendment) Act, 2018-it has been mandated that the presence of the informant or any person authorized by him shall be obligatory at the time of hearing of the application for bail to the person under sub-section (3) of section 376 or section 376AB or section 376DA or section 376DB of the Indian Penal Code
  • Justice A B Singh of Jharkhand HC allowed Bail on condition of donation to Kerala Relief Fund - The Jharkhand HC Advocate Association general secretary said HCs in Madhya Pradesh and Karnataka had issued similar directions to some litigants to pay costs towards the relief fund in Kerala. Bombay HC […]
  • Justice S.P. Talukdar committee failed to sell property of Tower Group accused of Rs.350 Crores Scam, SC observed while cancelling bail of the group Chairman - CANCELLATION OF BAIL-However, it is argued by both the Counsel that the amount may be about Rs. 350 Crores. Be that as it may, having regard to the material on record, and since a huge amount of money belonging to investors has been siphoned off, as well as for the aforesaid reasons, the High Court, in our considered opinion, should not have released the Respondent on bail.
  • Karnataka HC Justice Krishna S. Dixit granted bail to a rapist because the Victim was tired and fell asleep after the crime! - the explanation offered by the complainant that after the perpetration of the act she was tired and fell asleep, is unbecoming of an Indian woman; that is not the way our women react when they are ravished;
  • Mahipal Vs Rajesh Kumar @ Polia & Anr-05/12/2019 - Cancellation of Bail -Where an order refusing or granting bail does not furnish the reasons that inform the decision, there is a presumption of the non-application of mind which may require the intervention of this Court. Where an earlier application for bail has been rejected, there is a higher burden on the appellate court to furnish specific reasons as to why bail should be granted.
  • Naresh Das vs State of Tripura- Bail Guidelines by Tripura High Court-2015 - However, the primary purpose of keeping a person under detention and not granting him bail is not to punish him because punishment can be inflicted only after he is convicted but to ensure that investigation is proper; that the prosecution evidence shall not be tampered with; that the accused shall not try to influence the witnesses; that the trial shall not be unduly delayed and other similar reasons.
  • P. CHIDAMBARAM Vs. CENTRAL BUREAU OF INVESTIGATION [DHC]-20/08/2019 - Anticipatory Bail application cancelled - Section 120B r/w Section 420 of IPC and Section 8 and Section 13 (1)(d) r/w Section 13(2) of the PC Act - Pre-arrest is not meant for high profile economic offenders. Time has come to recommend to the Parliament to suitably amend the Law to restrict the provisions of pre-arrest bail and make it inapplicable to economic offenders of high profile cases like the instant one.
  • P. CHIDAMBARAM VS DIRECTORATE OF ENFORCEMENT – 5/9/2019 - Grant of anticipatory bail at the stage of investigation may frustrate the investigating agency in interrogating the accused and in collecting the useful information and also the materials which might have been concealed. Success in such interrogation would elude if the accused knows that he is protected by the order of the court. Grant of anticipatory bail, particularly in economic offences would definitely hamper the effective investigation.
  • P.Chidambaram Vs Directorate of Enforcement – 4/12/2019 - The instant appeal is allowed and the judgment dated 15.11.2019 passed by the High Court of Delhi in Bail Application No.2718 of 2019 impugned herein is set aside; The appellant is ordered to be released on bail if he is not required in any other case, subject to executing bail bonds for a sum of Rs.2 lakhs with two sureties of the like sum produced to the satisfaction of the learned Special Judge; The passport ordered to be deposited by this Court in the CBI case shall remain in deposit and the appellant shall not leave the country without specific orders to be passed by the learned Special Judge. The appellant shall make himself available for interrogation in the course of further investigation as and when required by the respondent. The appellant shall not tamper with the evidence or attempt to intimidate or influence the witnesses;
  • Prayer for pre-arrest bail was turned down by Apex Court granted by Calcutta High Court -13.08.2019 - Bail granted - In the matter of: Riday @ Hriday Ghosh @ Ridoy - The accused was not named in the first information report and as co-accused persons are on regular bail/anticipatory bail, we are inclined to grant bail to the petitioner.
  • Prosecution fails to explain injuries of accused, this lacuna entitles to bail-Allahabad HC-3/9/2020 - It is, therefore, incumbent upon the prosecution to explain the injuries on the person of the accused as well and prima facie this lacuna or infirmity appearing in the prosecution case, entitles the applicants to be enlarged on bail. However, there may be cases where the non-explanation of the injuries by the prosecution may not affect the prosecution case but that would apply to cases where the injuries sustained by the accused are minor and superficial.
  • Provisions for bail and bonds under Pocso Act 2012 - Pocso Act 2012 S 31. Application of Code of Criminal Procedure, 1973 to proceedings before a Special Court: Save as otherwise provided in this Act, the provisions of the Code of Criminal […]
  • Rajeev Kumar -Vs CBI, SP, Economic Offences –IV, CGO Complex-CHC 01/10/2019 - Therefore, the status of a witness is convertible to the accused during the course of investigation subject to the collection of independent sufficient incriminating materials against the petitioner, which must be in the nature of startling and clinching in sense.
  • Sanjay Chandra Versus CBI[ALL SC 2011 NOVEMBER] - KEYWORDS:-BAIL In deciding BAIL applications an important factor which should certainly be taken into consideration by the court is the delay in concluding the trial. (2011) 13 SCALE 107 (SUPREME COURT OF […]
  • SC granted bail to P. Chidambaram subject to executing bail bonds of Rs.2 lakhs u/s 439 of Cr.PC- 4/11/2019 - While the learned Judge was empowered to look at the materials produced in a sealed cover to satisfy his judicial conscience, the learned Judge ought not to have recorded finding based on the materials produced in a sealed cover.
  • SRI DASAIAH AND SMT. RATHNAMMAVs. THE STATE OF KARNATAKA - Indian Penal Code, 1860 (IPC) — Section 302 — Cancellation of bail granted — Petitioners having been unsuccessful in obtaining bail before jurisdictional Sessions Court are before the Court praying for being enlarged on bail — Petitioners shall not leave the jurisdiction of Sessions Court without express permission and they shall appear before Sessions Court on all the dates of hearing — If any such incident is reported prosecution is at liberty to move this Court for cancellation of bail granted
  • SRI MURUGESH Vs. STATE OF KARNATAKA - Indian Penal Code, 1860 (IPC) — Sections 498A, 302 — Offence punishable under Sections 498(A), 302 of IPC — Petitioner shall not tamper with the witnesses or in any manner interfere with or put obstacle to the investigation — Breach of any one of the above conditions will entitle the prosecution to move this Court for cancellation of the bail granted
  • Under S. 167(2) of Cr.P.C accused person is entitled to be released on bail if investigation is not completed within sixty days. - The Provision is Mandatory. In Natabar Parida v. State of Orissa, AIR 1975 SC 1465, the Court explained the mandatory character of the requirement of the proviso to S. 167(2) that an […]