[BAIL] Questions & Answers By Justice V. Ramkumar-Regular Bail-PART-VIII

Ans. No. Such a condition imposed by an Additional Sessions Judge in the Patiala House Court Complex, New Delhi has been frowned upon and disapproved.

Q.37 The defense lawyer argues that unless the accused is released on bail, he will not be able to defend his case effectively. Is it not a valid ground ?

Ans. No. If such an argument is accepted, then logically in every case bail will have to be granted. See Rajesh Ranjan Yadav v. C.B.I. AIR 2007 SC 451 - S. B. Sinha, Markandey Katju – JJ .

But, in Gudikandi Narasimhulu v. Public Prosecutor, High Court of A.P. (1978) 1 SCC 240 = AIR 1978 SC 429 - V. R. Krishna Iyer – JJ, there is an observation by Justice V.R.Krishna Iyer (sitting singly) to the effect

“……It makes sense to assume that a man on bail has a better chance to prepare or present his case than one remanded into custody.”

Q.38 Is it not permissible for the court to reject bail for the reason that the sureties are from another district or State or that the properties are situated in another district or State ?

Ans. No. See Motiram v. State of M.P. AIR 1978 SC 1594 – V. R. Krishna Iyer, D. A. Desai - JJ.

Q.39 The accused withdraws the bail application filed by him before the High Court. Subsequently, he files a bail application before the Sessions Court. The public prosecutor opposed the application contending that the subsequent bail application will lie before the High Court only. Is not the objection by the public prosecutor, valid?

Ans. No. There is no provision in the Cr.P.C. or in the law laid down by the Supreme Court that once an accused has withdrawn his bail application before the High Court, he cannot file a subsequent bail application before a Sessions Court and such subsequent bail application can only be filed before the High Court. (Vide Sharad v. State of Maharashtra and Another (2019) KHC 6986 (SC)= CDJ 2019 SC 1026 - V.K. Jadhav, Shrikant Dattatray Kulkarni - JJ) .

Q.40 Where successive bail applications have been rejected by the High Court, is there any requirement that the subsequent bail application is to be placed before the same Judge?

Ans. Yes. This is as a matter of judicial discipline to prevent abuse of the process of Court. (Vide Shahazad Hasan Khan v. Ishtiaq Hasan Khan (1987) 2 SCC 684 = AIR 1987 SC 1613 – M. P. Thakkar, K. N. Singh - JJ).

Part 7: [BAIL] Questions & Answers By Justice V. Ramkumar-Regular Bail-PART-VII

Part 6: [BAIL] Questions & Answers By Justice V. Ramkumar-Regular Bail-PART-VI