2021 Supreme(SC) 603
SANJAY KISHAN KAUL, M.M.SUNDRESH
SATENDER KUMAR ANTIL – Appellant
Versus
CENTRAL BUREAU OF INVESTIGATION – Respondent
Advocates appeared:
For Petitioner(s) Mr. Sidharth Luthra, Sr. Adv. Mr. Akbar Siddique, AOR Mr. Rajneesh Chuni, Adv. Mr. Malik Javed Ansari, Adv. Mr. Chirag Madan, Adv. Mr. Hardik Rupal, Adv. Mr. Parv Garg, Adv. Mr. Adeel Talib, Adv. Mr. Fareed Siddiqui, Adv. Mr. Shashank Gaurav, Adv.
For Respondent(s) Mr. S.V. Raju, Ld. ASG Ms. Sairica Raju, Adv. Mr. Annam Venkatesh, Adv. Ms. Priyanka Das, Adv. Mr. Udai Khanna, Adv. Mr. Arvind Kumar Sharma, AOR Mr.Vikram Chaudhary, Sr. Adv. Mr. Mahesh Agarwal, Adv. Mr. Pranjal Krishna, Adv. Mr. E.C. Agrawala, AOR Mr. Vikram Chaudhri, Sr. Adv. Mr. Harshit Sethi, Adv. Mr. Keshavam Chaudhri, Adv. Ms. Anzu. K. Varkey, AOR Ms. Ria Khanna, Adv. Mr. Kapil Dahiya, Adv.
Judgement Key Points
Certainly. Based on the provided legal document, here are the key points:
- When considering the grant of bail, courts must evaluate two main aspects: the seriousness of the charge and the severity of the punishment that may be imposed (!) .
- The guidelines issued recognize that economic offences are of a different nature but do not exclude them from the general principles; both the seriousness of the charge and the potential punishment are relevant factors (!) (!) .
- The categorization of offences is as follows:
- Category A: Offences punishable with imprisonment of 7 years or less, excluding certain other categories (!) .
- Category B and D: Offences punishable with death, life imprisonment, or more than 7 years of imprisonment (!) (!) .
- Category C: Offences under specific statutes with stringent bail provisions, such as NDPS, PMLA, UAPA, Companies Act, and POSCO (!) (!) .
- Certain preconditions must be met for bail eligibility, including that the accused was not arrested during investigation and has cooperated throughout the process (!) (!) .
- For offences in Category A, bail considerations include the stage after filing the chargesheet, with procedures such as summons, bailable warrants, and non-bailable warrants outlined [p_14–p_19].
- For offences in Categories B and D, bail is to be decided on the merits upon the accused’s appearance in court (!) .
- Additional conditions apply for offences under special statutes, requiring compliance with specific legal provisions (!) .
- The trial courts and high courts are advised to follow these guidelines while considering bail applications, keeping in mind that non-cooperation or failure to appear can negate the benefits of these guidelines (!) .
- Courts may grant interim bail based on the conduct of the accused during investigation, even when issuing notices to consider bail (!) .
- The guidelines emphasize that economic offences are not entirely excluded from bail considerations but are subject to the same principles, with particular attention to the nature of the offence and the punishment involved (!) (!) .
- The purpose of these guidelines is to streamline bail applications and prevent unnecessary cases from reaching higher courts, without restricting the courts’ discretionary powers (!) (!) .
- The guidelines are intended to aid courts but do not fetter their authority to decide bail on a case-by-case basis (!) .
Please let me know if you need further analysis or specific legal advice based on these points.
ORDER
Application for intervention is allowed.
2. We have been provided assistance both by Mr. S.V. Raju, learned Additional Solicitor General and Mr. Sidharth Luthra, learned senior counsel and there is broad unanimity in terms of the suggestions made by learned ASG. In terms of the suggestions, the offences have been categorized and guidelines are sought to be laid down for grant of bail, without fettering the discretion of the courts concerned and keeping in mind the statutory provisions.
3. We are inclined to accept the guidelines and make them a part of the order of the Court for the benefit of the Courts below. The guidelines are as under :
“Categories/Types of Offences
A) Offences punishable with imprisonment of 7 years or less not falling in category B & D.B) Offences punishable with death, imprisonment for life, or imprisonment for more than 7 years.
C) Offences punishable under Special Acts containing stringent provisions for bail like NDPS (S.37), PMLA (S.45), UAPA (S.43D(5), Companies Act, 212(6), etc.
D) Economic offences not covered by Special Acts.
REQUISITE CONDITIONS
1) Not arrested during investigation.
2) Cooperated throughout in the investigation including appearing bef
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