Supreme Court Judgments On Bail In 2023

Accused Not Entitled To Default Bail When First Extension(Passed In Absence Of Accused) Wasn't Challenged & Second Extension Was Passed In His Presence: SCThe Supreme Court held that an accused cannot claim the benefit of default bail when he did not challenge the first extension of time granted for investigation and the second extension was granted in his presence, and when the chargesheet was subsequently filed within the period of extension Qamar Ghani Usmani v. State of Gujarat, 2023 LiveLaw (SC) 297Supreme Court Warns Magistrates Who Don't Follow Judgments On Bail; Says They Might Be Taken Off From Judicial Work & Sent For TrainingThe Supreme Court was irked to note that even after 10 months of the judgment being passed, the District judiciary is not complying with directions issued in Satender Kumar Antil vs Central Bureau Of Investigation 2022 LiveLaw (SC) 577, wherein it had laid down elaborate guidelines regarding arrest and bail. It observed that the non-compliance would have a dual ramification - a) sending people to custody when not required to be sent; b)creating further litigation, both of which the Court believed could not be countenanced. Satender Kumar Antil vs Central Bureau Of Investigation 2022 LiveLaw (SC) 57Bail Can Be Cancelled If Serious Offences Are Subsequently Added To FIR: SCThe Supreme Court has reiterated that the subsequent addition of more serious offences to the FIR can be a circumstance for a Court to cancel the bail granted by it. "Addition of a serious offence can be a circumstance where a Court can direct that the accused be arrested and committed to custody even though an order of bail was earlier granted in his favour in respect of the offences with which he was charged when his application for bail was considered and a favourable order was passed", the bench observed in Ms. X v. State of Maharashtra, 2023 LiveLaw (SC) 205Bail Can Be Granted In NDPS Cases On Ground Of Undue Delay In Trial Despite Stringent Conditions In Section 37: Supreme CourtIn a pathbreaking judgment on bail jurisprudence, the Supreme Court has held that undue delay in trial can be a ground to grant bail to an accused, despite the rigors of Section 37 of the Narcotic Drugs and Psychotropic Substances Act 1985.Mohd. Muslim v. State (NCT of Delhi), 2023 LiveLaw (SC) 260Chargesheet Not Incomplete Merely Because It Was Filed Without Sanction; Accused Can't Seek Default Bail On That Ground: Supreme CourtThe Supreme Court held that an accused person would not be entitled to default bail on the ground that the chargesheet filed against them is without a sanction of valid authority and hence is an incomplete chargesheet. Judgebir Singh @ Jasbir Singh @ Jasbir v. National Investigation Agency, 2023 LiveLaw (SC) 377Default Bail Can Be Cancelled On Merits After Presentation Of Chargesheet: Supreme CourtThe Supreme Court held that there is no bar in canceling default bail on merits after the presentation of chargesheet. There is no absolute bar that once a person is released on default bail, it cannot be canceled on merits and grounds like not cooperating with the investigation.When special reasons are made out from the chargesheet and the chargesheet reveals the commission of a non-bailable crime, default bail granted to an accused under proviso to Section 167(2) CrPC can be canceled. State through CBI v. T. Gangi Reddy @ Yerra Gnagi Reddy, 2023 LiveLaw (SC) 37 Filing an Incomplete Chargesheet Without Completing Investigation Would Not Extinguish The Right Of Accused To Get Default Bail: Supreme CourtThe Bench noted that if the Investigating Agency files a chargesheet without completing the investigation, the same would not extinguish the right of the accused to get default bail. It further observed that the Trial Court, in such cases, cannot continue to remand the arrested person beyond the maximum stipulated time without opting arrested person default bail.Ritu Chhabaria v. Union of India, 2023 LiveLaw (SC) 352: 2023 INSC 436Supreme Court Asks All Courts To Defer Applications For Default Bail Based On 'Ritu Chhabaria' Judgment Beyond May 12The Supreme Court extended its interim order which directed that any application filed before any court seeking default bail on the basis of Ritu Chhabaria v. Union of India And Ors. should be deferred, till May 12, 2023. Earlier, the court had agreed to constitute a three-judge bench on May 4 to consider Centre's application seeking the recall of the Chhabaria judgement. However, since the matter could not be heard on May 4, the bench comprising CJI DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala extended its interim order till the next date of hearing, that is, May 12, 2023. Directorate of Enforcement v. Manpreet Singh Talwar | Special Leave to Appeal (Crl.) No.5724/2023Day Of Remand Should Be Included For Considering Default Bail Claim: Supreme Court Answers ReferenceAnswering a reference on a significant point of law, the Supreme Court held that the day ...

Supreme Court Judgments On Bail In 2023

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