Supreme Court: Jail Superintendents Should Make Special Efforts To Identify Women Prisoners Eligible For Release U/s. 479 Of BNSS:

 Although the provisions of Section 479 of the BNSS are gender neutral, it is also necessary for this Court to say that special efforts should be made to identify women prisoners who are entitled to release under the beneficial provision. The concerned Jail Superintendents where the women prisoners are lodged should therefore pay personal attention to the female prisoners, who might have become eligible for the release benefits, under Section 479 of the BNSS. {Para 12}

 S U P R E M E C O U R T O F I N D I A

 RECORD OF PROCEEDINGS

Writ Petition(s)(Civil) No(s).406/2013

IN RE-INHUMAN CONDITIONS IN 1382 PRISONS 

 VERSUS

. & ORS. Respondent(s)

([MR. GAURAV AGRAWAL, SENIOR ADVOCATE IS AMICUS CURIAE.] )

Date : 19-11-2024 This petition was called on for hearing today.

CORAM :

 HON'BLE MR. JUSTICE HRISHIKESH ROY

 HON'BLE MR. JUSTICE S.V.N. BHATTI

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BAIL IN MURDER AND ATTEMPTED MURDER: A COMPREHENSIVE JUDICIAL GUIDE TO SECTION 302 AND 307 IPC BAIL APPLICATIONS

“Liberty vs. Liability: When Must Courts Release the Accused on Bail in Serious Crimes?”

TABLE OF CONTENTS

1.          Introduction and Legal Framework

2.          Foundational Principles

3.          Pre-Chargesheet Bail (Anticipatory Bail)

4.          Post-Chargesheet Bail (Regular Bail)

5.          Critical Parameters for Judicial Decision-Making

6.          Unlawful Assembly Cases: Special Considerations

7.          Circumstantial Evidence and Bail Jurisprudence

8.          Recent Supreme Court Landmark Judgments on Bail

9.          Practical Framework for Session Judges

10.      Case Studies with Judicial Analysis

1. INTRODUCTION AND LEGAL FRAMEWORK

The right to bail stands as a fundamental safeguard of individual liberty under Article 21 of the Indian Constitution. The Supreme Court and High Courts have consistently held that this right is not limited to bailable offences but extends to serious offences such as murder (Section 302 IPC) and attempted murder (Section 307 IPC), subject to rigorous examination of case-specific circumstances.

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BNSS Provision Capping Maximum Undertrial Term Applies To PMLA : Supreme Court Grants Bail

It has been observed that in the case of Vijay Madanlal

Chaudhary vs. Union of India, (2022) SCC Online SC 926 that

the beneficial provision of Section 436A of the Code of

Criminal Procedure, 1973, (for short, ‘the Cr.P.C.’)may apply

to prosecution under the Prevention of Money-Laundering Act,

2002 (for short, ‘the PMLA’) as Section 436A has come on

statute book subsequent to enactment of the PMLA. Therefore,

a corresponding provision of Section 479(1) of Bharatiya

Nagarik Suraksha Sanhita, 2023 (for short, ‘the BNSS’) will

apply to prosecution under the PMLA. {Para 2}

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION}

CRIMINAL APPEAL NO.________/2024

(Arising Out of Special Leave Petition (Criminal) No.10846/2024)

BADSHAH MAJID MALIK  Vs  DIRECTORATE OF ENFORCEMENT & ORS. 

Dated: October 18, 2024.

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Parliament's Incorporation of Supreme Court Directions in BNSS: A Landmark Integration of Judicial Wisdom

 Introduction

The Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023, which replaced the Criminal Procedure Code 1973, represents a significant milestone in India's criminal justice reform. One of the most noteworthy aspects of this new legislation is how Parliament has systematically incorporated key directions and principles established by the Supreme Court, particularly those outlined in the landmark case of Satender Kumar Antil v. Central Bureau of Investigation (2022). This integration demonstrates a remarkable convergence between judicial wisdom and legislative intent, creating a more balanced and rights-oriented criminal procedure framework.

The Satender Kumar Antil Foundation

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Important Supreme Court Judgments on bail(Part 3)

 

1) Supreme Court: Participation in protest and expression of strong views is not violation of bail conditions-bail is not liable to be cancelled on that ground

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO.1994 OF 2024

A.DURAIMURUGAN PANDIYAN SATTAI @ DURAIMURUGAN  VS. STATE REP. BY THE INSPECTOR OF POLICE & ANR.

Dated: April 08, 2024.

https://www.lawweb.in/2024/06/supreme-court-participation-in-protest.html

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Supreme Court: PMLA Accused Who Has Spent Half Of Maximum Sentence As Undertial Can Be Given Bail Under S.436A CrPC

In the facts of this case, the appellant will

complete 3½ years of incarceration on 26th May, 2024.

Thus, he will complete half of the prescribed sentence.

In this case, obviously the trial has not started, as the

charge has not been framed. This Court has held that

Section 436A of the Code of Criminal Procedure, 1973 (for

short "CRPC") will apply even to a case under the PMLA.

But the Court can still deny the relief owing to the

ground such as where the trial was delayed at the

instance of the accused. As stated earlier, here there is

no occasion for the appellant to cause the delay in

trial, as even charge has not been framed. Moreover,

there is no other circumstance brought on record which

will compel us to deny the benefit of Section 436A of the

CRPC to the appellant. {Para 3}

4. The learned Additional Solicitor General submitted

that the power under Section 436A of the CRPC has to be

exercised by the Court of first instance.

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NOS.2601-2602 OF 2024

AJAY AJIT PETER KERKAR  VS. DIRECTORATE OF ENFORCEMENT & ANR.

Dated: May 16, 2024.

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Can the appellate court give the benefit of S 436A of CRPC to the accused when criminal appeal or revision is pending?

 Section 436A of the Code has been inserted by Act 25 of 2005. This provision has got a laudable object behind it, particularly from the point of view of granting bail. This provision draws the maximum period for which an undertrial prisoner can be detained. This period has to be reckoned with the custody of the Accused during the investigation, inquiry and trial. We have already explained that the word 'trial' will have to be given an expanded meaning particularly when an appeal or admission is pending. Thus, in a case where an appeal is pending for a longer time, to bring it Under Section 436A, the period of incarceration in all forms will have to be reckoned, and so also for the revision.

{Para 46}

IN THE SUPREME COURT OF INDIA

Miscellaneous Application No. 1849 of 2021 in Special Leave Petition (Crl.) No. 5191 of 2021 

 Satender Kumar Antil Vs. Central Bureau of Investigation and Ors.

Hon'ble Judges/Coram:

Sanjay Kishan Kaul and M.M. Sundresh, JJ.

Author: M.M. Sundresh, J.

Decided On: 11.07.2022

Citation: MANU/SC/0851/2022.

Read full Judgment here: Click here

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Supreme Court: The Courts should give expanded interpretation to S 436A of CRPC for expediating release of the accused on bail

 Section 436A of the Code

436A. Maximum period for which an undertrial prisoner can be detained.-- Where a person has, during the period of investigation, inquiry or trial under this Code of an offence under any law (not being an offence for which the punishment of death has been specified as one of the punishments under that law) undergone detention for a period extending up to one-half of the maximum period of imprisonment specified for that offence under that law, he shall be released by the Court on his personal bond with or without sureties:

Provided that the Court may, after hearing the Public Prosecutor and for reasons to be recorded by it in writing, order the continued detention of such person for a period longer than one-half of the said period or release him on bail instead of the personal bond with or without sureties:

Provided further that no such person shall in any case be detained during the period of investigation, inquiry or trial for more than the maximum period of imprisonment provided for the said offence under that law.

Explanation.--In computing the period of detention under this Section for granting bail, the period of detention passed due to delay in proceeding caused by the Accused shall be excluded.

46. Section 436A of the Code has been inserted by Act 25 of 2005. This provision has got a laudable object behind it, particularly from the point of view of granting bail. This provision draws the maximum period for which an undertrial prisoner can be detained. This period has to be reckoned with the custody of the Accused during the investigation, inquiry and trial. We have already explained that the word 'trial' will have to be given an expanded meaning particularly when an appeal or admission is pending. Thus, in a case where an appeal is pending for a longer time, to bring it Under Section 436A, the period of incarceration in all forms will have to be reckoned, and so also for the revision.

47. Under this provision, when a person has undergone detention for a period extending to one-half of the maximum period of imprisonment specified for that offense, he shall be released by the court on his personal bond with or without sureties. The word 'shall' clearly denotes the mandatory compliance of this provision. We do feel that there is not even a need for a bail application in a case of this nature particularly when the reasons for delay are not attributable against the Accused. We are also conscious of the fact that while taking a decision the public prosecutor is to be heard, and the court, if it is of the view that there is a need for continued detention longer than one-half of the said period, has to do so. However, such an exercise of power is expected to be undertaken sparingly being an exception to the general rule. Once again, we have to reiterate that 'bail is the Rule and jail is an exception' coupled with the principle governing the presumption of innocence. We have no doubt in our mind that this provision is a substantive one, facilitating liberty, being the core intendment of Article 21. The only caveat as furnished under the Explanation being the delay in the proceeding caused on account of the Accused to be excluded.

29.1.4. As a supplement to Section 436-A, but consistent with the spirit thereof, if an undertrial has completed period of custody in excess of the sentence likely to be awarded if conviction is recorded such undertrial must be released on personal bond. Such an assessment must be made by the trial courts concerned from time to time;

IN THE SUPREME COURT OF INDIA

Miscellaneous Application No. 1849 of 2021 in Special Leave Petition (Crl.) No. 5191 of 2021 

 Satender Kumar Antil Vs. Central Bureau of Investigation and Ors.

Hon'ble Judges/Coram:

Sanjay Kishan Kaul and M.M. Sundresh, JJ.

Author: M.M. Sundresh, J.

Decided On: 11.07.2022

Citation: MANU/SC/0851/2022.

Read full Judgment here: Click here

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Whether court can release convict on bail during the pendency of a criminal appeal as per S 436-A of CRPC?

In my view, Section 436-A, Cr.P.C. is restricted in

its operation to grant of bail to an under-trial prisoner

‘during the period of investigation, inquiry or trial’ and does

not, ex proprio vigore, apply at the appellate stage. I, thus,

concur with the prima facie view of Their Lordships of the

Hon’ble Division Bench expressed in the order dated

August 14, 2020 as well as the opinion of learned brothers

Deshpande and Shukre, JJ. I also agree with Their Lordships

that the reference ought to be disposed of by answering

the question referred in the negative.

7. Having so answered, I hasten to observe that in a

given situation the spirit of Section 436-A, Cr.P.C. could be

considered by an appellate court while it is seized of an

application under Section 389, Cr.P.C. and, drawing

inspiration from the principle ingrained in the former, to

suspend execution of the sentence bearing in mind all

relevant factors including the time likely to be taken for

disposal of the appeal. The judicial mind in the wise

exercise of discretion and by suitable moderation may

suspend execution of the sentence and grant bail under

Section 389, Cr.P.C., the absence of a provision like Section

436-A, Cr.P.C. in the chapter on appeals notwithstanding. If

any authority is required, one may usefully refer to the

decisions in Kashmira Singh vs. State of Punjab,

reported in (1977) 4 SCC 291, Babu Singh vs. State of

U.P., reported in (1978) 1 SCC 579, Bhagwan Rama

Shinde Gosai vs. State of Gujarat, reported in (1999) 4

SCC 421, Akhtari Bi vs. State of Madhya Pradesh,

reported in (2001) 4 SCC 355, and Suresh Kumar vs.

State [NCT, Delhi], reported in (2001) 10 SCC 338, which

are all decisions prior to the birth of Section 436-A in the

Cr.P.C. delineating factors that a Court ought to take into

account while considering a prayer for bail at the appellate

stage.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATIONN (APPA) NO. 270/2020

IN

CRIMINAL APPEAL NO. 336/2016

Maksud Sheikh Gaffur Sheikh  Vs  State of Maharashtra,

CORAM : DIPANKAR DATTA, C.J.

R. K. DESHPANDE &

SUNIL B. SHUKRE, JJ.

DATED : 28.08.2020

JUDGMENT (Per : Sunil B. Shukre, J)

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