Скачать или смотреть SC Directs Trial Courts & High Courts To Not Grant Bail Relying On Undertakings By Accused

The Supreme Court has directed Trial Courts and High Courts not to pass any order of grant of regular bail or anticipatory bail on any undertaking that the accused might be ready to furnish for the purpose of obtaining appropriate reliefs and only stick to merits of case. The Court was considering an Appeal against an order of the High Court whereby interim application was allowed and Bail Order was modified. The division bench of Justice JB Pardiwla and Justice R Mahadevan observed, "We have noticed over a period of time that orders of regular bail and anticipatory bail are being passed by different High Courts subject to deposit of some amount........By this order, we make it clear and that too in the form of directions that henceforth no Trial Court or any of the High Courts shall pass any order of grant of regular bail or anticipatory bail on any undertaking that the accused might be ready to furnish for the purpose of obtaining appropriate reliefs.......The High Courts as well as the Trial Courts shall decide the plea for regular bail or anticipatory bail strictly on the merits of the case. The High Courts and the Trial Courts shall not exercise their discretion in this regard on any undertaking or any statement that the accused may be ready and willing to make." The Court at the outset observed that it has noticed over a period of time that orders of regular bail and anticipatory bail are being passed by different High Courts subject to deposit of some amount. "We have come across cases like the one in hand where accused persons have gone to the extent of filing affidavits in the form of undertaking that they would deposit a particular amount within a particular period and then conveniently resile from such undertakings saying it is an onerous condition", the Court observed. "In many cases it would be argued on behalf of the accused that he had never made such a statement and the court on its own had recorded in the order that the accused is ready and willing to deposit a particular amount. At times the entire blame is thrown on the lawyer in making such statement for the purpose of obtaining order of bail or anticipatory bail as the case may be. In such circumstances, the concerned court would be left with no other option but to cancel the bail either at the instance of the State or the original complainant", the Court stated. Stressing that a stop on this practice is required, the Court directed the Trial Courts and High Courts not to pass any order of grant of regular bail or anticipatory bail on any undertaking that the accused might be ready to furnish for the purpose of obtaining appropriate reliefs and only stick to merits of case. It further stated that in some cases, perhaps the accused may abide by such undertaking, but based on record, in many cases the accused later would not abide and flout the undertaking.


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