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SANJAY KISHAN KAUL, M. M. SUNDRESH
Sahab Alam @ Guddu – Appellant
Versus
State of Jharkhand – Respondent
ORDER
Leave granted.
2. Heard learned counsel for the parties.
3. We have a batch of petitions before us, arising from different nature of offences from dowry to Section 420, IPC to Section 376, IPC and POCSO Act. The common aspect in all these cases is that one particular learned Judge of the High Court has granted bail on condition on deposit of substantive sums of money without consideration of the requirements of bail dependent on the nature of offences. It is trite to say that bail cannot per se be granted if a person can afford to deposit the money or his capacity to pay. That is what seems to have happened. Since there is no proper consideration, it is also difficult for us to analyze what weighed with the learned Judge while granting bail and it is certainly not the jurisdiction of this Court to be first or a second Court of bail.
4. Learned Amicus has expressed his concern that such an approach gives rise to an impression among the accused that bail is admissible on being able to pay the money to obtain the said bail by seeking deposit of different amounts.
5. We are thus, of the view that in all these matters the impugned orders are liable to be set aside and the matters remit
The condition of depositing money as a prerequisite for grant of bail is not only unconscionable but also amounts to depriving the petitioner of his right to personal liberty under Article 21 of the ....
The importance of expeditious disposal of anticipatory bail applications and the need to protect the valuable right of a person involved in matters concerning personal liberty.
The court established that the complainant does not have an automatic right to be heard in anticipatory bail proceedings unless the court finds it necessary.
(1) Bail – Grant or refusal to grant bail lies within discretion of court – No precedent operates in a vacuum and must be co-related to extant facts.(2) Roster – It is not for any Court, while referr....
Anticipatory bail – Specious reason of change in circumstances cannot be invoked for successive anticipatory bail applications, once it is rejected by a speaking order and that too by same Judge.
The considerations for grant of bail and cancellation of bail are distinct. Factors to be considered for anticipatory bail include the nature and gravity of the accusation, antecedents of the applica....
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