1. Application for anticipatory bail in connection with a registered FIR. (Para 3 )
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2017 Supreme(SC) 633
SUPREME COURT OF INDIA
RANJAN GOGOI, NAVIN SINHA, JJ.
Kala Ram - Appellant
Versus
State of Punjab & Anr. - Respondents
Criminal Appeal No. 1109 of 2017 [Arising out of Special Leave Petition (Criminal) No. 4313 of 2017]
Decided On : 11-07-2017
Important Points
Grant of anticipatory bail with conditions of cooperation and the discretion for the Arresting Authority to impose appropriate conditions.
Subject
Criminal Law - Bail and Anticipatory Bail
Headnote
Bail - Anticipatory Bail - Release on bail to the satisfaction of the Arresting Authority
Fact of the Case:
The respondents did not appear despite service being complete. The court heard the petitioner's counsel and considered the matter. Leave was granted. The court considered the materials placed and the grievance expressed, and decided to consider the claim of the appellant. The court directed that the appellant shall be released on bail to the satisfaction of the Arresting Authority in the event of arrest in connection with a specific FIR. The appellant was also directed to cooperate with the investigation at all further stages, with the provision for cancellation of anticipatory bail in case of failure to cooperate. The Arresting Authority was given the discretion to impose appropriate conditions.
Finding of the Court:
The court granted anticipatory bail to the appellant with the condition of cooperation with the investigation and the discretion for the Arresting Authority to impose appropriate conditions.
Issues: The main issue was the grant of anticipatory bail to the appellant in connection with a specific FIR.
Ratio Decidendi: The court considered the materials placed and the grievance expressed, and decided to grant anticipatory bail to the appellant with the condition of cooperation with the investigation and the discretion for the Arresting Authority to impose appropriate conditions.
Final Decision: The appeal was disposed of with the grant of anticipatory bail to the appellant and the provision for cooperation with the investigation and the discretion for the Arresting Authority to impose appropriate conditions.
Legal Category Hierarchy
Advocates Appeared:
For the Petitioner: Mr. Aditya Singh, Mr. Vikas Verma, Mr. Naveen Gupta
For the Petitioner: Mr. Aditya Singh, Mr. Vikas Verma, Mr. Naveen Gupta
Table of Contents
2. Petitioner sought anticipatory bail; respondents failed to appear to oppose the claim. (Para 1 , 3 )
3. The court considered the materials and the grievance expressed to grant the appellant's claim. (Para 3 )
4. Anticipatory bail may be granted subject to the accused's cooperation with the investigation and the authority's power to impose appropriate conditions. (Para 3 , 4 )
5. Appeal disposed of with the grant of anticipatory bail subject to cooperation with investigation and conditions imposed by the arresting authority. (Para 3 , 4 , 5 )
6. Under what conditions was the anticipatory bail granted in this matter?
The bail was granted on the condition that the accused cooperates with the investigation at all further stages, and the arresting authority is permitted to impose any conditions deemed fit and appropriate. (Para 3 , 4 )
7. What is the legal consequence if an accused fails to cooperate with the investigation after being granted anticipatory bail?
If the accused fails to cooperate with the investigation, the prosecution is entitled to seek the cancellation of the anticipatory bail. (Para 3 )
ORDER :
1. Despite service is complete on the respondents, no one appears for them. We have heard the learned counsel for the petitioner and considered the matter.
2. Leave granted.
3. After going into all the materials placed and the grievance expressed, we are inclined to consider the claim of the appellant. Therefore, we direct that in the event of arrest of the appellant in connection with FIR No.221 dated 1st November, 2016 registered at P.S. Patran, District Patiala, Punjab, he shall be released on bail to the satisfaction of the Arresting Authority. The accused appellant shall cooperate with the investigation at all further stages as may be required and in the event there is any failure on the part of the appellant to so cooperate, it will be open for the prosecution to seek cancellation of the anticipatory bail granted by the present order. We also make it clear that it will be open to the Arresting Authority to impose such conditions as may be considered fit and appropriate.
4. The Arresting Authority is free to impose appropriate conditions as he deems fit.
5. The appeal is disposed of in the above terms.
