BAIL
The Code of Criminal Procedure, 1973 has a provision according to which A High Court or Court of Session has powers to direct any person’s enlargement on Bail subject to the conditions which the Court deems fit and proper in the given facts and circumstances. The Ss.-437 & 439 of the Code of Criminal Procedure, 1973, provide for the bail provisions. Post-conviction, the bail provisions are provided in S-389 of the Code of Criminal Procedure, 1973.
Principal object of bail is to secure the attendance of the Petitioner at the time of trial and ensure that he does not flee from justice. To ensure that he is is there in the Court to take the judgment and serve the sentence if inflicted by the court. At the same time, an accused must not be deprived of his personal liberty and held in custody during trial in anticipation of his conviction unless the interest of the society demands otherwise or there is material to show that he will use his liberty to subvert justice or tamper with the evidence.
For the purposes of Bail, the court is not expected to meticulously examine the evidence or undertake an elaborate scrutiny of the documents as that may prejudice the case of either side. However, a prima facie view with regard to commission of offence by the accused can be taken.
While granting anticipatory bail to the Petitioner, the courts have to do a fine judicial balancing between the safeguarding the Petitioner’s interest qua his personal liberty and that of the investigational powers of the Investigating Agency, by putting appropriate, and sometimes stringent, conditions of bail upon the Petitioner.
In the light of the directions passed by the Apex Court from time to time, parameters to be considered by the Courts for grant of bail are as follows:
[Vital Parameters/Considerations For Bail]
Enormity, Severity, gravity and the seriousness of the allegations.
Chances of the accused fleeing or absconding from the processes of law, i.e. whether or not he has roots in the society.
Whether existed any danger of justice being thwarted, if the Petitioner is extended the benefit of bail
Chances of the Petitioner creating hurdles in the fair investigation or the trial
Reasonable apprehension of the witnesses being influenced and/ or evidence tampered with by the accused;
Previous antecedents of the accused person- his Character, behaviour, means, position and standing, including the fact as to whether he has previously undergone imprisonment on conviction by a Court in respect of any cognizable offence;
Likelihood of the offence being repeated;
Likelihood of delay in conclusion of trial.
The nature of evidence, which has been gathered by the investigating agency
Maximum sentence, which it may entail, in the event of conviction.
The principle of parity.
Whether Investigation/ Trial vitiated owing to lack of jurisdiction of the Investigating Agency/ Court.
To know more, go on clicking on the following links
Parameters to be considered at the time hearing Bail Applications
Object of grant of Bail– U/S-437, 439 & 389: Principal object of bail is to secure the attendance of the accused at the trial and ensure that he does not flee from justice. Guiding factor for enlarging an accused on bail is to secure his presence to take the judgment and serve the sentence if indicted by the court. At the same time, an accused must not be deprived of his personal liberty and held in custody during trial in anticipation of his conviction unless the interest of the society demands otherwise or there is material to show that he will use his liberty to subvert justice or tamper with the evidence.
Bail Courts & Other Criminal Fora
[In Hierarchical Order]
Supreme Court Of India
High Courts Of Various States
District & Sessions Judge [D&SJ]
Metropolitan Magistrates [MM]
Judicial Magistrates [JM]
Mediators & Concilliators.
Other Criminal Foras
Crime Against Women Cell [CAW Cell]
Central Bureau of Investigation [CBI]
Comptroller and Auditor General of India [CAG].
Delhi Commission for Women [DCW]
Enforcement Directorate [ED]
Intelligence Bureau (IB)
National Commission for Women [NCW]
National Technical Research Organisation (NTRO)
Research and Analysis Wing (RAW)
Serious Fraud Investigation Office [SFIO]- SFIO is a multi-disciplinary organization under Ministry of Corporate Affairs, consisting of experts in the field of accountancy, forensic auditing, law, information technology, investigation, company law, capital market and taxation for detecting and prosecuting or recommending for prosecution white-collar crimes/frauds.
Bail Related Legal Provisions
[Code of Criminal Procedure, 1973]
Section-389. Suspension of sentence pending the appeal; release of appellant on bail.- (1) Pending any appeal by a convicted person, the Appellate Court may, for reasons to be recorded by it in writing, order that the execution of the sentence or order appealed against be suspended and, also, if he is in confinement, that he be released on bail, or on his own bond.
*[Provided that the Appellate Court shall, before releasing on bail or on his own bond a convicted person who is convicted of an offence punishable with death or imprisonment for life or imprisonment for a term of not less than ten years, shall give opportunity to the Public Prosecutor for showing cause in writing against such release:
Provided further that in cases where a convicted person is released on bail it shall be open to the Public Prosecutor to file an application for the cancellation of the bail.]
(2) The power conferred by this section on an Appellate Court may be exercised also by the High Court in the case of an appeal by convicted person to a Court subordinate thereto.
(3) Where the convicted person satisfies the Court by which he is convicted that he intends to present an appeal, the Court shall,-
(i) where such person, being on bail, is sentenced to imprisonment for a term not exceeding three years, or
(ii) where the offence of which such person has been convicted is a bailable one, and he is on bail,
order that the convicted person be released on bail unless there are special reasons for refusing bail, for such period as will afford sufficient time to present the appeal and obtain the orders of the Appellate Court under sub-section (1), and the sentence of imprisonment shall, so long as he is so released on bail, be deemed to be suspended.
(4) When the appellant is ultimately sentenced to imprisonment for a term or to imprisonment for life, the time during which he is so released shall be excluded in computing the term for which he is so sentenced.
*[Inserted vide The Code of Criminal Procedure (Amendment) Act, 2005]
Section- 437. When bail may be taken in case of non-bailable offence.– (1) When any person accused of, or suspected of, the commission of any non-bailable offence is arrested or detained without warrant by an officer in charge of a police station or appears or is brought before a Court other than the High Court or Court of Session, he may be released on bail, but-
(i) such person shall not be so released if there appear reasonable grounds for believing that he has been guilty of an offence punishable with death or imprisonment for life;
(ii) such person shall not be so released if such offence is a cognizable offence and he had been previously convicted of an offence punishable with death, imprisonment for life or imprisonment for seven years or more, or he had been previously convicted on two or more occasions of a cognizable offence punishable with imprisonment for three years or more but not less than seven years:
Provided that the Court may direct that a person referred to in clause (i) or clause (ii) be released on bail if such person is under the age of sixteen years or is a woman or is sick or infirm:
Provided further that the Court may also direct “that a person referred to in clause (ii) be released on bail if it is satisfied that it is just and proper so to do for any other special reason:
Provided also that the mere fact that an accused person may be required for being identified by witnesses during investigation shall not be sufficient ground for refusing to grant bail if he is otherwise entitled to be released on bail and gives an undertaking that the shall comply with such directions as may be given by the Court.
Provided also that no person shall, if the offence alleged to have been committed by him is punishable with death, imprisonment for life, or imprisonment for seven years or more be released on bail by the Court under this sub-section without giving an opportunity of hearing to the Public Prosecutor.
(2) If it appears to such officer or Court at any stage of the investigation, inquiry or trial as the case may be, that there are not reasonable grounds for believing that the accused has committed a non-bailable offence, but that there are sufficient grounds for further inquiry into his guilt, the accused shall, subject to the provisions of section 446A and pending such inquiry, be released on bail], or, at the discretion of such officer or Court on the execution by him of a bond without sureties for his appearance as hereinafter provided.
(3) When a person accused or suspected of the commission of an offence punishable with imprisonment which may extend to seven years or more or of an offence under Chapter VI, Chapter XVI or Chapter XVII of the Indian Penal Code (45 of 1860) or abetment of, or conspiracy or attempt to commit, any such offence, is released on bail under sub-section (1) the Court shall impose the conditions,–
(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter,
(b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and
(c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
and may also impose, in the interests of justice, such other conditions as it considers necessary.
(4) An officer or a Court releasing any person on bail under sub-section (1), or sub-section (2), shall record in writing his or its reasons or special reasons for so doing.
(5) Any Court which has released a person on bail under sub-section (1), or sub-section (2), may, if it considers it necessary so to do, direct that such person be arrested and commit him to custody.
(6) If, in any case triable by a Magistrate, the trial of a person accused of any non-bailable offence is not concluded within a period of sixty days from the first date fixed for taking evidence in the case, such person shall, if he is in custody during the whole of the said period, be released on bail to the satisfaction of the Magistrate, unless for reasons to be recorded in writing, the Magistrate otherwise directs.
(7) If, at any time after the conclusion of the trial of a person accused of a non-bailable offence and before judgment is delivered the Court is of opinion that there are reasonable grounds for believing that the accused is not guilty of any such offence, it shall release the accused, if he is in custody, on the execution by him of a bond without sureties for his appearance to hear judgment delivered.
Section- 439. Special powers of High Court or Court of Session regarding bail.– (1) A High Court or Court of Session may direct-
(a) that any person accused of an offence and in custody be released on bail, and if the offence is of the nature specified in sub-section (3) of section 437, may impose any condition which it considers necessary for the purposes mentioned in that sub-section;
(b) that any condition imposed by a Magistrate when releasing any person on bail be set aside or modified:
Provided that the High Court or the Court of Session shall, before granting bail to a person who is accused of an offence which is triable exclusively by the Court of Session or which, though not so triable, is punishable with imprisonment for life, give notice of the application for bail to the Public Prosecutor unless it is, for reasons to be recorded in writing, of opinion that it is not practicable to give such notice.
(2) A High Court or Court of Session may direct that any person who has been released on bail under this Chapter be arrested and commit him to custody.
Judgments On Bail Under Section-437, 439 & 389 Of The Code Of Criminal Procedure, 1973
498A-Husband or relative of husband of a woman subjecting her to cruelty: Dowry Demand Criminal Cases.
Judgments On Bail For The Offences Under Section-498A
Judgments on Bail
Amarmani Tripathi- State Through CBI Vs. Amarmani Tripathi– Supreme Court Of India Judgment- 26.09.2005- Crl.- 1248 of 2005- 2005- 8- SCC-21- Section-482 Of The Code Of Criminal Procedure Judgments- Bail Judgments- When bail can be granted [Full PDF Judgments]
Amit Kumar Vs. Govt. Of NCT of Delhi- Bail Application No.848 Of 2014, Order Dated-14.10.2014, Bench- Sunita Gupta, J, High Court Of Delhi [Full PDF Judgment].
Arvind Kejriwal Versus The State Of U.P And Ors.-AllHC-27.08.2015- U/S-482/378/407 No.- 4136 of 2015,- Bench: Aditya Nath Mittal, JJ, Allahabad High Court, Lucknow Bench- Bail [Full PDF Judgment].
Balwant Singh And Another V. State Of Punjab’ Air 1995 Sc 1785- Bail- S-121-A IPC- Waging Of War Against The State [Full Pdf Judgment].
Chander Bhan versus State, in Bail Application No.1627/2008- (2008) 151 DLT 691-Section 498-A- rampant misuse [Full PDF Judgments].
D. K. Basu Vs. State of West Bengal- SC-24.07.2015- 18.12.1996- 01.08.1997- _____- 1997 (1) SCC 416- 2015 (8) SCC 744- Arrest, Detention, Custodial Death & Torture-Damages & Compensation- Bail- [Full PDF Judgment Dated: 24.07.2015] [Full PDF Judgment Dated: 18.12. 1996] [Full PDF Judgment Dated: 01.08. 1997].
Geeta v. State (Govt. of NCT of Delhi), Bail Appln. 2726/2014, Judgment Dated- 05/03/2015, Bench-Manmohan Singh, J, Citations- 2015(3) AD(Delhi) 322: 2015(149) DRJ 351- Bail- Sections-498A/304B/34 IPC [Full PDF Judgment].
Gautam Kundu Vs. Directorate of Enforcement (Prevention of Money Laundering Act), Government of India- CRIMINAL APPEAL NO. 1706 OF 2015-SC-16.12.2015- (2015) 16 SCC 1- Bail in PMLA, ED, and Analogous Crimes [Full PDF Judgment].
Gurucharan Singh Vs. Union Of India- DelHC-27.04.2016-WP-Crl-307-of-2016-Bail-in-PMLA-ED-and-Analogous-Crimes [Full PDF Judgment].
Hussain and Anr. Vs. Union of India- Criminal Appeal NO.509 OF 2017-SC-09.03.2017- Bail- Speedy Trial- Art.-21 of Constitution of India- Narcotics Drugs and Psychotropic Substances Act, 1985 [NDPS Act] [Full PDF Judgment].
Inhuman Conditions In 1382 Prisons- Writ Petition (Civil) No. 406 Of 2013-SC-15.09.2017- Prison Reforms- Bail [Full PDF Judgment].
J S Gill- State v. Jaspal Singh Grill, AIR 1984 SC 1503 at p. 1505= 1984 Cri LJ 1211= (1984)3 SCC 555= 1984 SCC (Cri) 44
J S Gill- State v. Jaspal Singh Gill, AIR 1984 SC 2277= 2005 SCC (Cri) 1057. 36.
Kanhaiya Kumar Vs. State Of NCT Of Delhi, W.P.(Crl) 558/2016, Judgment Dated: 02.03.2016, Bench: Pratibha Rani, J, Delhi High Court- FIR No.110/2016 [Dated: 11.2.2016], Offence under Section 124-A/34 IPC at PS Vasant Kunj North, Under Sections 124-A/120-B/34/147/149 IPC.- Bail [Full PDF Judgments].
Karti P Chidambram Vs. Central Bureau Of Investigation- Bail Appln. 573 Of 2018- DelHC-23.03.2018 [Full PDF Judgment].
Manish Sisodia Vs. Central Bureau Of Investigation (CBI)– Manish Sisodia Vs. Central Bureau Of Investigation (CBI)- Bail Matter No. 55/2023- CNR No. DLCT11-000214-2023- FIR No.-RC0032022A0053- PS CBI, ACB, New Delhi- U/S 120B R/W 477A IPC & SEC 7 of the PC Act, 1988- Judge- Sh. M. K. Nagpal, Special Judge (PC Act), CBI-09 (MPs/MLAs Cases), Rouse Avenue District Court, New Delhi- Order Dated 31.03.2023.
Manoranjana Singh Vs. Central Bureau of Investigation- Criminal Appeal No. 240 Of 2017-SC-05.02.2017- (2017) 5 SCC 218- Bail in PMLA, ED, and Analogous Crimes [Full PDF Judgment].
Moti Ram Vs. State Of M.P.-SC-24.08.1978-1978 AIR 1594=1978 SCC (4) 47-Bail jurisprudence- [Full PDF Judgment].
Mukesh Jain Vs. CBI- Bail Application No. 2179 Of 2009-DelHC-21.12.2009- [2010 (1) AD (Delhi) 443 [Full PDF Judgment].
Nandini Satpathy Vs. Dani (P.L.) And Anr-SC-07.04.1978- Citation: 1978 AIR 1025= 1978 SCC-(2)- 424- Arrest, Detention, Custodial Death & Torture-Damages & Compensation- Bail [Full PDF Judgment].
Neeru Yadav Vs.State Of Uttar Pradesh And Another- Criminal Appeal No.1272 Of 2015- (2016) 15 Scc 422- Bail- SC-29-09-2015 [Full PDF Judgment].
Nitin Kumar v. State, Bail Appln. No. 437/2015(06/04/2015), 2015(219) DLT 227: 2015(4) AD(Delhi) 109 [Manmohan Singh, J.] [Full PDF Judgment].
Pankaj Jain Vs. Union Of India & Anr. – Criminal Appeal No. 321 Of 2018 – SC-23.02.2018- CrPC-S-88-Bail [Full PDF Judgment].
Pappu- State of Maharashtra Vs. Pappu, Criminal Appeal No. 944/2014, Judgment Dated- 24/04/2014, Bench- P. Sathasivam, C.J., Ranjan Gogoi, J & N.V. Ramana, J, Citations- 2014(11) SCC 244= 2014(5) SCALE 584= 2014(4) Supreme 636= 2014(4) SLT 521= 2014(3) SCC(Cr) 350- Cancellation Of Bail [Full PDF Judgments].
Purohit- [Lt. Col. Prasad Shrikant Purohit Vs. State of Maharashtra]- Criminal Appeal No. 1448 Of 2017-SC-21.08.2017-Bail-CrPC-439-Material Factors [Full PDF Judgment].
Rajesh Sharma Vs. State of U.P- Criminal Appeal No. 1265 OF 2017- SC-27.07.2017-498A- Bail- Guidelines Qua Welfare Committee- Family Members Personal Appearance [Full PDF Judgments].
Raj Kumar Goel Vs. Directorate Of Enforcement – Bail Appln. 350 Of 2018 – DelhC-10.05.2018 [Full PDF Judgment].
Rakesh Kumar Paul Vs State Of Assam- Special Leave To Appeal – Crl. – No. 2009 Of 2017- SC-16.08.2017- Default Bail [Full PDF Judgment].
Ranjitsing Brahmajeetsing Sharma Vs. State of Maharashtra- (2005) 5 SCC 294- Bail in PMLA, ED, and Analogous Crimes Maharashtra Control of Organised Crime Act, 1999 [Full PDF Judgment].
R. D. Upadhyay V. State Of Andhra Pradesh- Writ Petition (Civil) 559 Of 1994 – SC-13.04.2006- (1996) 3 SCC 8422- Prolonged Incarnation-Right To Bail [Full PDF Judgment].
Rohit Tandon Vs. The Enforcement Directorate, Criminal Appeal Nos.1878-1879-3JBSC-10.11.2017-Bail in PMLA, ED, and Analogous Crimes- Prevention of Money Laundering Act, 2012 (PMLA) [Full PDF Judgments].
Sarwan Singh Vs. State, Bail Appln.No. 2102/2014, Judgment Dated- 20/01/2015, Bench- Manmohan Singh, J, Citation- 2015(1) JCC 703 [Full PDF Judgment].
Shyam Sharama Vs. State Of Madhya Pradesh And Another- Criminal Appeal No.1799 Of 2010- SC- 04.10.2017- (2017) 9 SCC, 362- Bail [Full PDF Judgment].
Sidhique Kappan Versus State Of Uttar Pradesh– SLP (Crl.) No.7844 of 2022- Supreme Court Of India Judgment Dated- 09.09.2022
Sanjay Chandra v. Central Bureau of Investigation- Criminal Appeal No.2178 OF 2011 – SC -23.11.2011- (2012) 1 SCC 40= (2012) 1 Supreme Court Cases 40- Bail in PMLA, ED, and Analogous Crimes [Full PDF Judgment].
Sidhartha Vashisht @ Manu Sharma, Criminal Appeal No.-179 Of 2007, Judgment Dated: 12.05.2008, Bench: P. Sathasivam, Swatanter Kumar, JJ, Supreme Court Of India– Post Conviction Bail U/S-389 Cr.P.C. [Full PDF Judgments].
Subrata Chattoraj Vs. Union of India, (2014) 8 SCC 768- Bail in PMLA, ED, and Analogous Crimes [Full PDF Judgment].
Suresh Kalmadi Vs. CBI- Crl.M.C. No.2143/2015-DelHC-22.05.2015- Bail Appln. 1692/2011(19/01/2012)- 2012(1) JCC 734= 2012(187) DLT 575= 2012(1) AD(Delhi) 889= 2012(127) DRJ 588: [Mukta Gupta, J.] [Full PDF Judgments].
Surya Kirti Thapar Vs. State Of NCT Of Delhi- BAIL APPLN. 334/2014, Judgments Dated-24/11/2014, Bench- Ved Prakash Vaish, J, Citations- 2015(1) AD(Delhi) 37 [Full PDF Judgments].
Ujjal Kumar Das V. State Bank Of India- Sarfaesi Act 2002 [Full Pdf Judgment].2. Gurcharan Singh And Others /Vs/ State (Delhi Administration) 1978 (1) Scc 118- Bail [Full PDF Judgment].
Vishwanath Maranna Shetty [State of Maharashtra Vs. Vishwanath Maranna Shetty]- (2012) 10 SCC 561- Bail in PMLA, ED, and Analogous Crimes- Maharashtra Control of Organised Crime Act, 1999 [Full PDF Judgment].
X, Mrs. Vs. Vs. The State Of Telangana And Anr.- 3JBSC-17.05.2018- Cancellation of the Bail [Full PDF Judgment].
White Collar Crime
Y.S. Jagan Mohan Reddy vs. Central Bureau of Investigation-Criminal Appeal No.- 730 Of 2013-SC-09.05.2013- (2013) 7 SCC 439- Bail in PMLA, ED, and Analogous Crimes [Full PDF Judgment].
Jayalalitha- State of Karnataka Vs. J. Jayalalitha and Others- (2017) 6 SCC 263) [Full PDF Judgment].
Nimmagadda Prasad Vs. CBI- (2013 KHC 4400) [Full PDF Judgment].
P.Chidambaram v. CBI (B.A.No.2270 of 2019) [Full PDF Judgment].
Related Links
Format Bail Application- District & Sessions Judge- Rape Case
Format Bail Application- Delhi High Court- Proclaimed Offender
Related Provisions- S-439 CrPC.
Kindly CLICK HERE, call our helpline at (+91) 98-712-712-05, or e-mail us at info@hellocounsel.com if you wish to talk to a lawyer or are facing any other Legal Issue and want to have Legal Consultations with the empaneled Lawyers at Hello Counsel.
© 2024. All rights reserved.
hELLO COUNSEL
pRACTICE AREAS
pRACTICE AREAS
QUICK LINKS
SOCIAL NETWORKS