Supreme Court Judgments On Bail In 2023

Accused Not Entitled To Default Bail When First Extension(Passed In Absence Of Accused) Wasn't Challenged & Second Extension Was Passed In His Presence: SC

The Supreme Court held that an accused cannot claim the benefit of default bail when he did not challenge the first extension of time granted for investigation and the second extension was granted in his presence, and when the chargesheet was subsequently filed within the period of extension Qamar Ghani Usmani v. State of Gujarat, 2023 LiveLaw (SC) 297

Supreme Court Warns Magistrates Who Don't Follow Judgments On Bail; Says They Might Be Taken Off From Judicial Work & Sent For Training

The Supreme Court was irked to note that even after 10 months of the judgment being passed, the District judiciary is not complying with directions issued in Satender Kumar Antil vs Central Bureau Of Investigation 2022 LiveLaw (SC) 577, wherein it had laid down elaborate guidelines regarding arrest and bail. It observed that the non-compliance would have a dual ramification - a) sending people to custody when not required to be sent; b)creating further litigation, both of which the Court believed could not be countenanced. Satender Kumar Antil vs Central Bureau Of Investigation 2022 LiveLaw (SC) 57

Bail Can Be Cancelled If Serious Offences Are Subsequently Added To FIR: SC

The Supreme Court has reiterated that the subsequent addition of more serious offences to the FIR can be a circumstance for a Court to cancel the bail granted by it.

"Addition of a serious offence can be a circumstance where a Court can direct that the accused be arrested and committed to custody even though an order of bail was earlier granted in his favour in respect of the offences with which he was charged when his application for bail was considered and a favourable order was passed", the bench observed in Ms. X v. State of Maharashtra, 2023 LiveLaw (SC) 205

Bail Can Be Granted In NDPS Cases On Ground Of Undue Delay In Trial Despite Stringent Conditions In Section 37: Supreme Court

In a pathbreaking judgment on bail jurisprudence, the Supreme Court has held that undue delay in trial can be a ground to grant bail to an accused, despite the rigors of Section 37 of the Narcotic Drugs and Psychotropic Substances Act 1985.Mohd. Muslim v. State (NCT of Delhi), 2023 LiveLaw (SC) 260

Chargesheet Not Incomplete Merely Because It Was Filed Without Sanction; Accused Can't Seek Default Bail On That Ground: Supreme Court

The Supreme Court held that an accused person would not be entitled to default bail on the ground that the chargesheet filed against them is without a sanction of valid authority and hence is an incomplete chargesheet. Judgebir Singh @ Jasbir Singh @ Jasbir v. National Investigation Agency, 2023 LiveLaw (SC) 377

Default Bail Can Be Cancelled On Merits After Presentation Of Chargesheet: Supreme Court

The Supreme Court held that there is no bar in canceling default bail on merits after the presentation of chargesheet. There is no absolute bar that once a person is released on default bail, it cannot be canceled on merits and grounds like not cooperating with the investigation.

When special reasons are made out from the chargesheet and the chargesheet reveals the commission of a non-bailable crime, default bail granted to an accused under proviso to Section 167(2) CrPC can be canceled. State through CBI v. T. Gangi Reddy @ Yerra Gnagi Reddy, 2023 LiveLaw (SC) 37

Filing an Incomplete Chargesheet Without Completing Investigation Would Not Extinguish The Right Of Accused To Get Default Bail: Supreme Court

The Bench noted that if the Investigating Agency files a chargesheet without completing the investigation, the same would not extinguish the right of the accused to get default bail. It further observed that the Trial Court, in such cases, cannot continue to remand the arrested person beyond the maximum stipulated time without opting arrested person default bail.Ritu Chhabaria v. Union of India, 2023 LiveLaw (SC) 352: 2023 INSC 436

Supreme Court Asks All Courts To Defer Applications For Default Bail Based On 'Ritu Chhabaria' Judgment Beyond May 12

The Supreme Court extended its interim order which directed that any application filed before any court seeking default bail on the basis of Ritu Chhabaria v. Union of India And Ors. should be deferred, till May 12, 2023. Earlier, the court had agreed to constitute a three-judge bench on May 4 to consider Centre's application seeking the recall of the Chhabaria judgement.

However, since the matter could not be heard on May 4, the bench comprising CJI DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala extended its interim order till the next date of hearing, that is, May 12, 2023. Directorate of Enforcement v. Manpreet Singh Talwar | Special Leave to Appeal (Crl.) No.5724/2023

Day Of Remand Should Be Included For Considering Default Bail Claim: Supreme Court Answers Reference

Answering a reference on a significant point of law, the Supreme Court held that the day of remand is to be included for considering for considering a claim for default bail. The remand period will be calculated from the date when the Magistrate remanded the accused.

An accused becomes entitled to default bail if the chargesheet isn't filed by 61st or the 91st day of the remand, the bench stated. Enforcement Directorate v. Kapil Wadhawan, 2023 LiveLaw (SC) 249

Section 45 PMLA Conditions Applicable To Anticipatory Bail Applications For Money Laundering Offence: Supreme Court

The Supreme Court has reiterated that the conditions under Section 45 of the Prevention of Money Laundering Act for grant of bail are applicable to anticipatory bail applications under Section 438 of the Code of Criminal Procedure as well. The bench also noted that in Assistant Director Enforcement Directorate v. Dr. VC Mohan, it was clarified that Section 45 PMLA will apply to Section 438 CrPC. Directorate of Enforcement v. M. Gopal Reddy, 2023 LiveLaw (SC) 138 : 2023 INSC 163

If Bail Bonds Not Furnished Within One Month, Trial Courts May Consider Suo Motu Relaxing Conditions: Supreme Court

The Supreme Court, while hearing the issue of undertrial prisoners who continue to be in custody despite having been granted the benefit of bail, has said that the country's prisons are overburdened by 5000 people every month merely because of their inability to furnish a bail bond. In Re Policy Strategy for Grant of Bail, 2023 LiveLaw (SC) 76

Interim Victim Compensation Cannot Be Imposed As A Condition For Bail: Supreme Court

The Supreme Court observed that interim victim compensation cannot be imposed as a condition for bail. "Victim compensation is simultaneous with the final view taken in respect of the alleged offense, i.e., whether it was so committed or not and, thus, there is no question of any imposition pre-finality of the matter pre-trial", the bench of Justices Sanjay Kishan Kaul and Abhay S Oka observed. Talat Sanvi v. State of Jharkhand, 2023 LiveLaw (SC) 83

PMLA | Accused Not Entitled To Bail In Money Laundering Case Merely Because Chargesheet Has Been Filed In Predicate Offence : Supreme Court

The Supreme Court held that the mere fact that a chargesheet has been filed for the predicate offenses is not a ground to release the accused on bail in connection with the offenses under the Prevention of Money Laundering Act.

The bench observed, “Merely because, for the predicated offences the chargesheet might have been filed it cannot be ground to release the accused on bail in connection with the scheduled offences under the PML Act, 2000". Directorate of Enforcement v. Aditya Tripathi, 2023 LiveLaw (SC) 433

Accused not filing a petition to quash FIR / Chargesheet has no relevance in deciding bail application: Supreme Court

The Supreme Court, while granting bail to human rights activist Teesta Setalvad, observed that the accused not filing an application for quashing the FRI/Chargesheet is not a relevant consideration for deciding bail application. If such a position was to be accepted, then no bail application be can be accepted unless the accused files an application for quashing the proceedings, the Apex Court had observed. Teesta Atul Setalvad v. State of Gujarat, 2023 LiveLaw (SC) 554 : 2023 INSC 637

Cannot grant interim protection to accused while rejecting anticipatory bail plea : Supreme Court 'amazed' at HC's self-contradictory order

The Supreme Court set aside a High Court direction granting interim protection to accused while rejecting their anticipatory bail plea.

It is, thus, clear that self-contradictory orders have been passed by the High Court. On the one hand, the application for anticipatory bail is rejected and, on the other hand, the interim protection is granted for a period of two months.", the court observed. State of Uttar Pradesh v. Mohd. Afzal, 2023 LiveLaw (SC) 566

Anticipatory Bail - Personal Liberty Important, But Courts Must Also Consider Gravity Of Offence & Impact On Society : Supreme Court

The Supreme Court observed that, while dealing with anticipatory bail applications, courts must also consider the gravity of the offence, the impact on society, and the need for a fair and free investigation. While it is extremely important to protect the personal liberty of a person, it is equally incumbent to analyze the seriousness of the offence and determine if there is a need for custodial interrogation, the bench of Justices Surya Kant and C T Ravikumar said. Pratibha Manchanda v. State of Haryana, 2023 LiveLaw (SC) 514 : 2023 INSC 612

Don't Grant Bail In Private Cheating Cases Merely Because Accused Undertook To Deposit Money : Supreme Court Reminds Courts

The Supreme Court has disapproved of the practise followed by the Courts to direct deposit of amount as a condition for granting anticipatory bail for the offence of cheating under Section 420 of the Indian Penal Code. The bench termed this a "disquieting trend" which results in cheating cases being unwittingly converted into process for recovery of money. Ramesh Kumar v. State NCT of Delhi, 2023 LiveLaw (SC) 496

Bail Orders Must Be Backed By Reasons Considering Vital Aspects: Supreme Court Sets Aside 'Casual & Cryptical' HC Order

The Supreme court recently held that vital aspects of the case must be considered while deciding bail applications. The nature of the crime, criminal history of the accused and the nature of punishment involved must also be weighed in by the courts. The court pressed for reasoned orders to be passed while exercising discretion in granting bail. Rohit Bishnoi v. State of Rajasthan, 2023 LiveLaw (SC) 560 : 2023 INSC 642

Bail restricting clause won't denude constitutional court to test if continued detention would breach Article 21: SC

The Supreme Court held that a bail restricting clause(Section 43-D, UAPA Act,2002) cannot denude the jurisdiction of a Constitutional Court in testing if continued detention in a given case would breach the concept of liberty enshrined in Article 21 of the Constitution of India, would apply in a case where such a bail-restricting clause is being invoked on the basis of materials with prima facie low-probative value or quality. (Para 42 - 43) Vernon v. State of Maharashtra, 2023 LiveLaw (SC) 575 : 2023 INSC 655

Court should impose realistic conditions of bail: SC

Courts should impose realistic conditions of bail considering the economic and social position of the undertrial prisons or else the act of grant of bail does not subserve its purpose. In Re Policy Strategy for Grant of Bail, 2023 LiveLaw (SC) 610

Prolonged Incarceration Of Undertrials Violates Constitutional Principles Of Dignity & Liberty: SC

Prolonged incarceration of undertrial prisoners violates the constitutional principles of dignity and liberty, the Supreme Court observed while relaxing a bail condition imposed on a Nigerian accused. Ejike Jonas Orji v. Narcotics Control Bureau 2023 LiveLaw (SC) 670

How Can We Start Selling Bail Like This": Supreme Court Says Onerous Bail Conditions Must Not Be Imposed Ordinarily

The Supreme Court mphasized that bail with onerous conditions should only be granted under exceptional circumstances and not in ordinary matters. The bench asserted that pre-trial detention should only be employed when there is a clear threat to society or a genuine concern that the accused could tamper with evidence or influence witnesses. Mursaleen Tyagi v State of UP, SLP(Crl) No. 000898/ 2023

Supreme Court Surprised By Gujarat HC Granting Bail To Murder Accused Based On 'Settlement' With Victim's Son; Chastises State For Not Challenging Order

In a recent order, the Supreme Court expressed surprise at an order passed by the Gujarat High Court granting bail to an accused in a murder case on the basis of a 'settlement' between him and the original complainant(son of the deceased victim). Bharwad Sanotshbhai Sondabhai v. State of Gujarat 2023 LiveLaw (SC) 728

Can Anticipatory Bail Be Granted To Proclaimed Offender? Only In Exceptional & Rare Cases, Holds Supreme Court

The Supreme Court has observed that anticipatory bail can be granted to a person to a proclaimed offender only in an exceptional and rare case. The Court made this observation while setting aside an order passed by the the Punjab and Haryana High Court granting bail to the respondent, who was declared to be proclaimed offender under Section 82 of the Code of Criminal Procedure State of Haryana v. Dharamraj 2023 LiveLaw (SC) 739

Supreme Court Disapproves Of High Court Order Limiting Bail To Three Months

The Supreme Court recently disapproved of an order passed by a High Court which restricted the bail to a particular period. "Once the High Court came to the conclusion that the accused was entitled to bail, there was no reason to restrict the bail to the period of three months", the Court observed in the case. Ranjit Digal v. State of Odisha 2023 LiveLaw (SC) 772

If Trial Is Delayed For No Fault Of Accused, Courts Must Consider Grant Of Bail: Supreme Court

Detention or jail before being pronounced guilty of an offence should not become punishment without trial, said the Supreme Court in the judgment refusing bail to former Delhi Deputy Chief Minister Manish Sisodia in the Delhi liquor policy scam case. The Court in its judgment emphasized that the right to speedy trial is a fundamental right within the scope of Article 21 of the Constitution.

The Court observed that, if the trial is unnecessarily delayed for no fault of the accused, the court must exercise its power to grant bail. It further said that the constitutional mandate is the higher law, and it is the basic right of the person charged of an offence and not convicted, that he be ensured and given a speedy trial. Manish Sisodia v. Central Bureau of Investigation 2023 LiveLaw (SC) 934

Bail Condition That Accused Should Share Google Location With Police Prima Facie Violates Right To Privacy: Supreme Court

The Supreme Court orally remarked that imposing a bail condition requiring an accused to drop his Google pin location from his mobile phone to the Investigation Officer concerned throughout the period of his bail, is prima facie violative of his right to privacy. Directorate of Enforcement V Raman Bhuraria Diary No.- 23447 - 2023

Supreme Court Asks Accused To Share Live Mobile Location With Police While Another Bench Is Examining Validity Of Such Bail Condition

The Supreme Court on (2nd November) enlarged a man facing charges under the Narcotic Drugs and Psychotropic Substances Act, 1985, on bail on the condition that he share his location through his mobile phone by pairing it with the mobile phone of the investigating officer round the clock.

Notably, this order was passed, while a coordinate bench of the Apex Court is yet to adjudicate upon whether prescribing a bail condition of sharing one's live location with the investigating officer violates the right to privacy. Puranmal Jat v. State of Rajasthan SLP(Crl.)No(s).10670/2023)

Grant Of Bail Can't Be Made Dependent On Surrender Of Co-Accused: Supreme Court

A Division Bench of the Supreme Court, while allowing a bail plea, held that the grant of bail to a co-accused person cannot be contingent on the surrender of another accused who is also pertinently the main accused in the case.

“In our opinion, the question of grant of bail to a co-accused person cannot made dependent upon surrender of another accused who is described as the main accused person in this case.,” the Court held. Munshi Sah v. State of Bihar 2023 LiveLaw (SC) 944

High Courts, Session Courts Can Grant Interim/Transit Anticipatory Bail Even When FIR Is Registered In Another State: Supreme Court

The Supreme Court recently held that the Sessions Court or High Court that would have the power to grant interim/transit anticipatory bail, when the FIR is not registered within the territory of a particular State but in a different State.Priya Indoria v. State of Karnataka 2023 LiveLaw (SC) 996

Conditions For Transit Anticipatory Bail In FIRs Registered In Other States : Supreme Court Explains

In a significant and groundbreaking judgment, the Supreme Court has held that High Courts and Sessions Court have power to grant interim/transit anticipatory bail even when the First Information Report (FIR) has been registered in another State.

The Court finally set aside the judgment of Patna High Court in Syed Zafrul Hassan and the judgment of Calcutta High Court in Sadhan Chandra Kolay to the extent that they hold that the High Court does not possess jurisdiction to grant extra-territorial anticipatory bail i.e., even a limited or transit anticipatory bail. Priya Indoria v. State of Karnataka 2023 LiveLaw (SC) 996

Can't Seek Bail Merely Because Co-Accused Got Bail; To Apply Parity, Individual Role Of Accused Must Be Seen : Supreme Court

In a recent judgment, the Supreme Court dismissed the appellant's plea for bail on the grounds of parity with other co-accused who had been granted bail in a money laundering case. The Court emphatically stated that the principle of parity is not an absolute law but depends on individual circumstances and roles in the alleged offense.Tarun Kumar v. ED, SLP (Crl.) No. 9431 of 2023

Bail Applications From Same FIR Should Be Listed Before One Bench : Supreme Court To All High Courts

The Supreme Court expressed concern at the High Courts not listing bail applications arising out of the same FIR before the same bench, despite repeated orders.

The bench comprising Justices CT Ravikumar and Sanjay Kumar, in its order, stressed the need for listing bail applications pertaining to the same FIR before one single bench in order to avoid conflicting decisions, especially in cases where parity becomes the grounds for which bail is sought. Rajpal v. State of Rajasthan 2023 LiveLaw (SC) 1066