Case Note & Summary
The appeal arose from the High Court of Judicature for Rajasthan at Jodhpur's rejection of an anticipatory bail application filed by the appellant under Section 438 of the Code of Criminal Procedure, 1973. The appellant apprehended arrest in connection with Crime No. 345/2017 registered at Police Station Ambamata, District Udaipur, Rajasthan, for an offence punishable under Section 306 of the Indian Penal Code. The First Information Report was dated 19.08.2017. The High Court rejected the bail application through its judgment and order dated 05.02.2018 in S.B. Criminal Misc. Bail No. 9433 of 2017, prompting the appellant to approach the Supreme Court. The Supreme Court granted leave to appeal and, while issuing notice on 13.08.2018, granted interim relief staying the appellant's arrest. The appellant enjoyed this protection for approximately three and a half years. The core legal issue was whether the High Court's rejection of anticipatory bail was justified. The Supreme Court, without examining the merits of the case, allowed the appeal and set aside the High Court's order. The court directed that if the appellant is arrested in connection with the crime, the arresting officer must release the appellant on bail upon furnishing cash security of Rs. 50,000 with two sureties. Additionally, the appellant was ordered to cooperate fully with the investigation by presenting himself before the Investigating Officer on 14.03.2022 at 11:00 a.m. and remaining present from 11:00 a.m. to 5:00 p.m. throughout the entire week to facilitate the investigation. The appeal was allowed with these observations and directions.
Headnote
A) Criminal Procedure - Anticipatory Bail - Grant of Bail Without Merits Consideration - Code of Criminal Procedure, 1973, Section 438 - Appellant sought anticipatory bail for offence under Section 306 IPC after High Court rejected application - Supreme Court allowed appeal without making any reflection on merits, set aside High Court order, and granted bail with conditions including cash security and cooperation with investigation - Held that appellant should be released on bail if arrested, with specific conditions for investigation cooperation (Paras 1-2).
Issue of Consideration
Whether the High Court erred in rejecting the appellant's application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 for an offence punishable under Section 306 IPC
Final Decision
Appeal allowed. Order passed by High Court set aside. Directed that if appellant is arrested in connection with crime, Arresting Officer shall release appellant on bail subject to furnishing cash security of Rs.50,000 with two like sureties. Appellant shall extend complete cooperation in investigation and present himself before Investigating Officer on 14.03.2022 at 11:00 a.m. and remain present from 11:00 a.m. to 5:00 p.m. during entire week.
Law Points
- Anticipatory bail under Section 438 CrPC
- Principles for grant of bail in Section 306 IPC cases
- Interim protection during pendency of appeal
