Supreme Court issues guidelines to govern grant of bail on filing of chargesheet

The Supreme Court on Thursday issued detailed guidelines to govern grant of bail to persons after the chargesheet is filed (Satendar Kumar Antil v. Central Bureau of Investigation).

. The order was passed by a Bench of Justices Sanjay Kishan Kaul and MM Sundresh after taking into account the suggestions made by Additional Solicitor General SV Raju and Senior Counsel Sidharth Luthra.

. The Court set out the following two preliminary conditions for grant of bail:

1) Accused should not have been arrested during investigation;

2) Accused should have cooperated throughout the investigation, including while appearing before Investigating Officer whenever called.

. For the purpose of the guidelines, offences were divided into four categories:

A) Offences punishable with imprisonment of 7 years or less not falling in categories B & D.

The following guidelines were issued for this category, after filing of chargesheet/complaint taking of cognizance:

a) Ordinary summons at the 1st instance/including permitting appearance through Lawyer.

b) If such an accused does not appear despite service of summons, then bailable warrant for physical appearance may be issued.

c) Non-bailable warrant (NBW) on failure to appear despite issuance of bailable warrant.

d) NBW may be cancelled or converted into a bailable warrant/summons without insisting physical appearance of accused, if such an application is moved on behalf of the accused before execution of the NBW on an undertaking of the accused to appear physically on the next date/s of hearing.

e) Bail applications of such accused on appearance may be decided w/o the accused being taken in physical custody or by granting interim bail till the bail application is decided.

. B) Offences punishable with death, imprisonment for life, or imprisonment for more than 7 years.

On appearance of the accused in Court pursuant to process issued, bail application to be decided on merits.

. C) Offences punishable under Special Acts containing stringent provisions for bail like NDPS (S.37), PMLA (S.45), UAPA [S.43D(5)], Companies Act [S.212(6)], etc.

Same as Category B with the additional condition of compliance of the provisions of bail under these provisions.

D) Economic offences not covered by Special Acts.

Same as category B.

. Trial courts and High Courts will have to keep in mind the aforesaid guidelines while considering bail applications.

It further noted,

"The caveat which has been put by learned ASG is that where the accused have not cooperated in the investigation nor appeared before the Investigating Officers, nor answered summons when the Court feels that judicial custody of the accused is necessary for the completion of the trial, where further investigation including a possible recovery is needed, the aforesaid approach cannot give them benefit, something we agree with."

The Court also directed that a copy of this order be circulated to the Registrars of High Courts, which will in turn be circulated to the trial courts so that unnecessary bail matters do not come to the Supreme Court.

. [Read Order]

Supreme Court issues guidelines to govern grant of bail on filing of chargesheet

Bar & Bench

Related Stories