Guidelines for grant of bail issued by supreme court

 

Guidelines for grant of bail issued by supreme court

The offences have been categorized and guidelines have been laid down for grant of bail, without fettering the discretion of the courts concerned and keeping in mind the statutory provisions.

The guidelines are as under:

Categories / types of offences

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

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

C.     Offences punishable under special acts containing stringent provisions for bail under NDPS (s.37), PMLA  (s.45), UAPA (s. 43 D (5), companies act, 212(6) etc.

D.    Economic offences not covered by special acts.

 

Requisite conditions

1.     Not arrested during investigation.

2.     Cooperated throughout the investigation including appearing before investigating officer whenever called.

(No need to forward such an accused along with the charge sheet ( Siddharth VS state of UP, 2021 SCC online SC 615)

 

Category A

After filing of charge sheet / complaint taking of cognizance

a.     Ordinary summons at the 1^st 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.      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.

 

Category B&D

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

                                                                               

Category C

Same as category B&D with the additional condition of compliance of the provisions of bail under NDPS S.37,45 PMLA, 212(6) companies act 43 d (5) of UAPA, POSCO etc.

 

Needless to say that the category A deals with both police cases and complaint cases.

 

The trial courts and the high courts will keep in mind the aforesaid guidelines while considering bail applications.