1. Appeals against the rejection of anticipatory bail applications in connection with a First Information Report. (Para 3 )
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2019 Supreme(SC) 1586
SUPREME COURT OF INDIA
A.M. Khanwilkar, Ajay Rastogi, JJ.
Kamlesh - Appellant
Versus
State Of Maharashtra & Anr. - Respondents
Criminal Appeal No. 80 of 2019, 81 of 2019; Special Leave Petition (Criminal) No. 9514 of 2018, 9532 of 2018
Decided On : 15-01-2019
Advocates Appeared:
Sudhanshu S Choudhari, Adv., Surabhi Guleria, Adv., Nishant Ramakantrao Katneshwarkar, Adv.
Sudhanshu S Choudhari, Adv., Surabhi Guleria, Adv., Nishant Ramakantrao Katneshwarkar, Adv.
Grant of anticipatory bail in connection with a FIR registered after a significant delay.
Headnote:
Anticipatory Bail - Grant of Anticipatory Bail - The court granted anticipatory bail to the appellants on the condition of executing personal bonds and extending full cooperation for the investigation, in connection with a FIR registered after 11 years.
Fact of the Case:
The appeals were directed against the judgment and order of the High Court rejecting the prayer for grant of anticipatory bail in connection with a FIR registered after 11 years.
Finding of the Court:
The court, after considering the fact that the subject FIR has been registered after 11 years, granted anticipatory bail to the appellants on the condition of executing personal bonds and extending full cooperation for the investigation.
Issues: The main issue was the grant of anticipatory bail in connection with a FIR registered after 11 years.
Ratio Decidendi: The court acceded to the request of the appellants to grant them anticipatory bail, considering the delay in registering the FIR and taking an overall view of the matter.
Final Decision: The appeals were allowed and anticipatory bail was granted to the appellants on the condition of executing personal bonds and extending full cooperation for the investigation.
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2. The court observed that the First Information Report was registered after a delay of eleven years. (Para 4 )
3. A significant delay in registering a First Information Report may be a relevant factor in granting anticipatory bail. (Para 4 )
4. Appeals allowed and anticipatory bail granted subject to personal bonds, cooperation with investigation, and conditions under Section 438(2) of the Criminal Procedure Code. (Para 5 , 6 )
5. Can a significant delay in registering an FIR be a ground for granting anticipatory bail?
Yes, the court considered the fact that the FIR was registered after a delay of eleven years as a basis for acceding to the request for anticipatory bail. (Para 4 )
6. What conditions may be imposed by the court when granting anticipatory bail?
The court may require the execution of personal bonds, full cooperation with the investigation, and adherence to the conditions specified under Section 438(2) of the Criminal Procedure Code. (Para 5 )
ORDER
1. Leave granted.
2. Heard learned counsel for the parties.
3. These appeals are directed against the judgment and order of the High Court of Judicature at Bombay, Bench at Aurangabad, passed in Anticipatory Bail Application Nos. 659 and 694 of 2018 dated 15.10.2018, rejecting the prayer for grant of anticipatory bail in connection with common FIR No. 0190 of 2018, dated 31.05.2018 registered with Gandhi Chowk Police Station, District Aurangabad, Maharashtra.
4. After having heard the learned counsel for the parties and considering the fact that the subject FIR has been registered after 11 years and taking overall view of the matter, we accede to the request of the appellants to grant them anticipatory bail. We refrain from recording detailed reasons as it might impact the pending investigation and/or trial of the case.
5. Accordingly, we allow the appeals and grant anticipatory bail to the appellants on condition that the appellants shall execute personal bonds of Rs.50,000/- each and that the appellants will extend full cooperation for the purposes of investigation of the case, if still not complete and also abide by all the conditions specified in Section 438(2) of Criminal Procedure Code.
6. Appeals are disposed of in the above terms.
