Supreme Court Monthly Criminal Digest March 2026

Anticipatory Bail — Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 — Section 18 — Cancellation of Anticipatory Bail - The Supreme Court allowed the appeals and cancelled the anticipatory bail granted to the respondents, observing that a prima facie case under the SC/ST Act was established - noted that while the High Court relied on the absence of casteist slurs in the initial FIR (lodged by a police official based on a social media video), it failed to exercise sufficient caution in examining other records - an affidavit filed by the Deputy Superintendent of Police and statements of various persons clearly alleged the use of casteist slurs and violence by the upper-caste respondents against marginalized community members over a drainage dispute – noted that the bar under Section 18 of the SC/ST Act, which precludes the grant of anticipatory bail, is applicable when the ingredients of the offence are prima facie disclosed - In this case, investigation reports indicated offences under the SC/ST Act, the Bharatiya Nyaya Sanhita, 2023, and the Arms Act - noted that mere attempts at reconciliation by the police cannot prevent the taking of cognizance for criminal acts - Supreme Court found that the High Court erred in concluding there was no prima facie culpability, as subsequent investigation reports and affidavits by high-ranking police officials corroborated allegations of caste-based abuse and firearm discharge – Appeals allowed. [Relied on Shajan Skaria v. State of Kerala, 2024 SCC OnLine SC 2249; Paras 8-15] Kuldeep Singh v. State of Punjab, 2026 LiveLaw (SC) 239 Bail – Cancellation of Bail – Dowry Death – Sections 103(1) and 80 of the Bharatiya Nyaya Sanhita, 2023 (BNS) – Appeal by the mother of the deceased challenging the High Court's order granting bail to the husband of the deceased – The deceased died within 1.5 years of marriage in suspicious circumstances with multiple external and internal injuries – Allegations of dowry harassment and threats by the accused prior to the death – High Court granted bail primarily noting the absence of criminal antecedents and the period of custody – Held: The High Court adopted a "mechanical approach" and failed to consider the gravity of the offence and the nature of the accusations – While criminal antecedents are a factor, they cannot outweigh the seriousness of a crime like dowry death where circumstantial evidence strongly points toward the accused – The Supreme Court emphasized that an appellate court can interfere with a bail order if relevant materials were ignored or the gravity of the offence was not considered. [Relied on P v. State of M.P., (2022) 15 SCC 211; Paras 14-27] Lal Muni Devi v. State of Bihar, 2026 LiveLaw (SC) 298 Bail – Foreign Nationals – Article 21 of the Constitution of India – Financial Constraints in furnishing Surety –The Respondent, a 32-year-old Ugandan national, was granted bail by the High Court on 15.09.2025 in a case involving the NDPS Act - Despite the Trial Court reducing the surety amount progressively from ₹1,00,000 to ₹25,000, the accused remained in Tihar Jail for months due to her inability to furnish a solvent surety - Held: Article 21 of the Constitution, which protects the right to life and personal liberty, applies equally to foreign nationals prosecuted in India - Once an accused has established a case for bail, financial difficulties or the inability to provide a solvent surety should not act as a barrier to their release - In cases where a foreign national cannot meet surety requirements due to financial constraints, they may be released on a personal bond and subsequently housed in a detention center to ensure they do not leave the country - Supreme Court explicitly grounded its reasoning in the constitutional mandate of Article 21 of the Constitution of India, emphasizing its universal application to any person within the territory of India, regardless of nationality. [Paras 4-13] Customs v. Faridah Nakanwagi, 2026 LiveLaw (SC) 278 Bail - The Supreme Court granted regular bail to an accused in the alleged multi-crore Andhra Pradesh liquor scam, invoking its plenary powers under Article 142 of the Constitution. Muppidi Avinash Reddy v. State of Andhra Pradesh, 2026 LiveLaw (SC) 274 Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) – Section 173(3) – Registration of FIR – Preliminary Inquiry – Safeguard against mechanical registration – The Supreme Court quashed an FIR registered against a media executive, holding that the allegations were "absolutely vague," "speculative," and "inherently improbable" – Noted that Section 173(3) BNSS provides an additional safeguard for offences punishable between three and seven years - Unlike Section 154 CrPC, where a preliminary inquiry is limited to ascertaining if a cognizable offence is disclosed, Section 173(3) BNSS empowers police to conduct an inquiry ...

Supreme Court Monthly Criminal Digest March 2026

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