2021 (10) TMI 1296 - SC - Indian Laws

Seeking grant of Bail - economic Offences or not - HELD THAT - The trial Court is not precluded from granting interim bail taking into consideration the conduct of the accused during the investigation which has not warranted arrest. On this aspect also we would give our imprimatur and naturally the bail application to be ultimately considered, would be guided by the statutory provisions. It is not as if economic offences are completely taken out of the aforesaid guidelines but do form a different nature of offences and thus the seriousness of the charge has to be taken into account but simultaneously, the severity of the punishment imposed by the statute would also be a factor - SLP disposed off.

Summary

Issues:
Intervention application allowed; Guidelines for grant of bail categorized into different types of offences; Requisite conditions for each category of offences; Separate guidelines for economic offences; Consideration of seriousness of the charge and severity of punishment for bail decisions.

Intervention Application:
The Supreme Court allowed the intervention application and acknowledged the assistance provided by the Additional Solicitor General and the senior counsel. There was broad unanimity in the suggestions made by the ASG, leading to the categorization of offences and the proposal of guidelines for granting bail. The Court decided to accept these guidelines and incorporate them into the order for the benefit of lower courts.

Categorization of Offences and Requisite Conditions:
The guidelines categorized offences into four types: A) Offences punishable with imprisonment of 7 years or less; B) Offences punishable with death, life imprisonment, or more than 7 years; C) Offences under Special Acts with stringent bail provisions; D) Economic offences not covered by Special Acts. Specific conditions were outlined for each category, emphasizing factors like cooperation during investigation and appearance before the Investigating Officer.

Bail Application Procedures:
For Category A offences, procedures included issuing summons, bailable warrants, and bail applications without physical custody. Category B/D required bail applications to be decided on merits upon the accused's appearance in court. Category C added compliance with specific bail provisions under various Acts. The guidelines were applicable to both police and complaint cases.

Consideration of Bail Applications:
Trial Courts and High Courts were instructed to consider these guidelines while evaluating bail applications. The Court highlighted that accused individuals who did not cooperate in the investigation or appeared before authorities might not benefit from these guidelines. The seriousness of the charge and the severity of punishment were deemed crucial factors in bail decisions, even for economic offences.

Disposal of the SLP and Circulation of Guidelines:
The Supreme Court disposed of the Special Leave Petition (SLP) and directed the circulation of the guidelines to High Courts and trial Courts to prevent unnecessary bail matters from reaching the Supreme Court. The guidelines aimed to streamline bail processes without limiting the powers of the Courts. Pending applications were also disposed of as part of this judgment.