Case Note & Summary
The Supreme Court of India heard appeals against the High Court of Calcutta's orders granting interim protection to the appellant in connection with offences under the Indian Penal Code and Prevention of Corruption Act, 1988. The appellant was accused in FIR No. 27 of 2018 registered at Daspur Police Station for offences including extortion, criminal breach of trust, forgery, and corruption. The Sessions Court rejected his bail application, after which he filed a regular bail application before the High Court in August 2018. Instead of finally disposing of the application, the High Court granted interim bail on 1 October 2018 and continued it through successive orders until November 2019. The appellant sought modification of the interim conditions, which was denied, leading to the present appeals. The Supreme Court expressed strong displeasure at the High Court's practice of keeping the bail application pending for over a year while granting interim relief, stating that such a course is 'wholly unfathomable' and must be eschewed. The Court noted that bail applications are matters of moment for the accused and protracted hearings can prejudice both the accused and the prosecution. In the interest of justice, the Supreme Court decided to dispose of the main bail application itself rather than remanding it. It modified the bail conditions, requiring the appellant to furnish a bail bond of Rs. 25,00,000 with two sureties, restricting him from leaving India, prohibiting entry into Paschim Medinipore except for court appearances, and requiring monthly reporting to the investigating officer. The Court also directed that the appellant's passport remain with CID, West Bengal, and that he not tamper with evidence. The appeals were disposed of accordingly.
Headnote
A) Criminal Procedure - Bail - Interim Bail - High Court's practice of granting interim bail repeatedly without finally disposing of the bail application is deprecated - The Supreme Court held that bail applications must be dealt with expeditiously and finally, and cannot brook delay - The Court disposed of the main bail application pending since August 2018 by modifying conditions (Paras 4-6). B) Criminal Procedure - Bail - Conditions - Modification of Bail Conditions - The Supreme Court modified the interim bail conditions imposed by the High Court, imposing stricter conditions including higher bail amount, restriction on travel, and reporting to investigating officer - The Court held that conditions must ensure fair investigation and trial (Paras 6-7).
Issue of Consideration
Whether the High Court's practice of granting interim bail repeatedly without finally disposing of the bail application is permissible and whether the Supreme Court should dispose of the main bail application in the interest of justice.
Final Decision
The Supreme Court disposed of the appeals by modifying the interim bail conditions imposed by the High Court. The appellant was directed to furnish a bail bond of Rs. 25,00,000 with two sureties, restricted from leaving India, prohibited from entering Paschim Medinipore except for court appearances, required to furnish residence details, deposit passport with CID West Bengal, not intimidate witnesses, appear on all hearing dates, and report to the Investigating Officer on the first Monday of every month. The bail application pending before the High Court (CRM No. 6471 of 2018) was disposed of in terms of this order.
Law Points
- Bail application must be disposed of expeditiously
- Interim bail should not be prolonged without final decision
- High Court's practice of passing successive interim orders deprecated
