Post-Bail Conduct Not Valid Consideration In Appeal Against Grant Of Bail : Supreme Court
The Supreme Court has observed that the conduct of an accused after a grant of bail cannot be a valid consideration while deciding an appeal against a grant of bail.
“…post-bail conduct is never a valid consideration while dealing with an appeal against grant of bail, and such conduct is only relevant in an application for cancellation of bail.”, observed a bench of Justices JB Pardiwala and Vijay Bishnoi, while setting aside the Madhya Pradesh High Court's order, which granted an anticipatory bail to an absconding accused.
Against the High Court's order, the complainant moved to the Supreme Court.
Opposing the complainant's appeal, the Respondent No.2-accused contended that his post-bail conduct can be a valid consideration to dismiss the Appeal against the grant of an anticipatory bail.
Rejecting the accused's contention, the judgment authored by Justice Bishnoi, referencing Ashok Dhankad v. State of NCT of Delhi and Another, observed that post-bail conduct cannot form valid consideration while hearing an appeal against the grant of bail, as during this stage the Court looks into whether the impugned order suffers from perversity, illegality, or inconsistency with law. However, the court clarified that the post-bail conduct can form valid consideration while deciding an application for cancellation of bail.
“However, the Court may not take the conduct of an accused subsequent to the grant bail into consideration while considering an appeal against the grant of such bail. Such grounds must be taken in an application for cancellation of bail…”, the court said in Ashok Dhankad.
Also From Judgment: Absconding Accused Not Entitled To Anticipatory Bail On Sole Ground Of Co-Accused' Acquittal : Supreme Court
Cause Title: BALMUKUND SINGH GAUTAM VERSUS STATE OF MADHYA PRADESH AND ANR.
Citation : 2026 LiveLaw (SC) 158