25 Notable Supreme Court Judgments Of 2024 On Bail & Arrest

The Supreme Court delivered several notable judgments in 2024 on the parameters for bail and powers of arrest. Underscoring the importance of personal liberty, the Court held that bail cannot be denied citing stringent special law provisions (such as those present in NDPS Act, UAPA, PMLA etc.), when the trial is unduly delayed and the accused has undergone prolonged incarceration.Here is a compilation of 25 notable judgments on the topic.1. UAPA | Mere Delay In Trial No Ground To Grant Bail When Grave Offences Are Involved : Supreme CourtIn Gurwinder Singh v. State of Punjab & Another 2024 LiveLaw (SC) 100, a bench comprising Justice MM Sundresh and Justice Aravind Kumar held that mere delay in trial cannot be a ground to grant bail when grave offences under the Unlawful Activities (Prevention) Act, 1967 are invovled. The bench also observed that the rule "bail is the rule, jail is the exception" was not applicable to UAPA. However, the Supreme Court in later decisions delivered this year disagreed with these views (elaborated below)2. Verdict In 'KA Najeeb' Upholding Right Of UAPA Accused For Bail On Ground Of Delay In Trial Not Disturbed By 'Gurwinder Singh' Judgment: Supreme CourtCase Title : Shoma Kanti Sen v. State | 2024 LiveLaw (SC) 280Coram : Justice Aniruddha Bose and Justice AG MasihThe Supreme Court (on April 05), in the Shoma Sen case, made a crucial observation that the Apex Court's findings in the Gurwinder Singh v. State of Punjab case would not disturb the ratio arrived in the landmark case of Union of India vs. K.A. Najeeb that prolonged incarceration can be a ground for bail despite the rigours of the UAPA.3. Arrest & Remand Illegal If Accused Not Informed Grounds Of Arrest; Filing Of Chargesheet Won't Validate Illegal Arrest : Supreme CourtCase Title: Prabir Purkayastha v. State | 2024 LiveLaw (SC) 376The Supreme Court opined that an illegal arrest and remand order cannot be validated merely on the ground that a chargesheet has been filed.“Mere fact that a charge sheet has been filed in the matter, would not validate the illegality and the unconstitutionality committed at the time of arresting the accused and the grant of initial police custody remand to the accused.,” held Justices B.R Gavai and Sandeep Mehta.The judgment also held that the dictum in Pankaj Bansal that the grounds of arrest must be given in writing when a person is arrested under the PMLA is applicable to the UAPA as well.Also from the judgment - 'Grounds Of Arrest' Must Contain All Basic Facts To Provide Opportunity To Accused To Oppose Remand & Seek Bail : Supreme Court4. ED Cannot Arrest Accused After Special Court Has Taken Cognizance Of PMLA Complaint : Supreme CourtCase Title: Tarsem Lal v. Directorate of Enforcement Jalandhar Zonal Office | 2024 LiveLaw (SC) 383Coram: Justices Abhay S Oka and Ujjal Bhuyan.In a significant judgment, the Supreme Court held that the Enforcement Directorate (ED) and its officers cannot arrest an accused exercising powers under Section 19 of the Prevention of Money Laundering Act (PMLA) after the Special Court has taken cognizance of the complaint of money laundering. Other reports about the judgment can be read here.5. Incarceration Due To Delay In Trial Violates Article 21; Bail Can Be Considered In Such Cases Despite Bar Under NDPS Act : Supreme CourtCase Title: ANKUR CHAUDHARY VERSUS STATE OF MADHYA PRADESH, 2024 LiveLaw (SC) 416The Supreme Court observed that if there's an undue delay in the completion of the trial, then there would be no impediment to consider the grant of bail to the accused under the Narcotics Drugs and Psychotropic Substances Act despite not meeting the stringent test under Section 37 of the NDPS Act.6. Bail Condition Enabling Police To Constantly Track Movement Of Accused Can't Be Imposed: Supreme CourtCase Title – Frank Vitus v. Narcotics Control Bureau., 2024 LiveLaw (SC) 441The Supreme Court held that there cannot be a bail condition that enables the police to constantly track the movements of the accused and virtually peep into the privacy of the accused.A bench of Justice Abhay S Oka and Justice Ujjal Bhuyan was examining whether a bail condition requiring an accused to drop a pin on Google Maps for the investigating officer to access his location violates a person's right to privacy.Also from the judgment- Court Need Not Always Impose Bail Condition Requiring Foreign Accused To Obtain Embassy's Assurance On Not Leaving India: Supreme Court7. PMLA| ED Cannot Arrest On Grave Suspicion Alone; There Must Be Written Reasons To Believe That Accused Is Guilty : Supreme CourtCase Title : Arvind Kejriwal v. Directorate of Enforcement | 2024 LiveLaw (SC) 463Coram : Justice Sanjiv Khanna and Justice Dipankar DattaWhile granting interim bail to Delhi Chief Minister Arvind Kejriwal on July 12, the Supreme Court observed that arrest under Section 19 of the Prevention of Money Laundering Act cannot be made simply for the purposes of investigation. Rather, the power...

25 Notable Supreme Court Judgments Of 2024 On Bail & Arrest

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