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The Court held that the onerous condition attached to release on bail that a government servant must furnish bail of the detenus, apart from the bail bond and surety, amounts to denial of bail, which is done in exceptional circumstances and not as a matter of course.
Seven accused, arrested on 14 May 2026 for an alleged knife, wooden stick and iron rod attack on multiple victims, were granted bail by the Surat Court just eight days later, after observing that bail is the general rule under Indian criminal jurisprudence regardless of the seriousness of the offence alleged.
“The proper course is to proceed with the appeal on merits, ensuring representation, while securing presence only in accordance with law upon dismissal or as otherwise required.”
“It will be a dangerous proposition to hold that judgments and orders which do not refer expressly to statutory provisions are per se dishonest judgments”.
“The case at hand exhibits an exceptional factual prism, impelling a deeper scrutiny beyond the conventional principles governing the subject. Unfortunately, the High Court while passing the impugned order also overlooked the germane factual position and saw the issue as merely being one of cancellation of bail.”
Explore latest cases reported in SCC’S High Court Cases (HCC) on matter related to the Prevention of Money Laundering Act, 2002 and the Prevention of Corruption Act, 1988 covering critical issues related to power of authorities regarding summons, Bail, Sanction for prosecution, Grounds of Incomplete investigation, Interpretation of “reasonable grounds for believing” under S. 45 PMLA, and more.
Criminal Procedure Code, 1973 — S. 439 — Grant of bail: Effect, when respondent-accused committed similar offence during bail
Civil Procedure Code, 1908 — Or. 43 R. 1(r) — Infructuous/Futile appeal: Appeal against interim order
The unusual condition, which was imposed and later, was not modified, clearly shows that the Trial Court travelled beyond its powers and imposed such conditions, which was normally not required when granting bail.
Delhi High Court denied bail to a married person as he wanted to take advantage of the complainant by getting the complainant’s Date of Birth on the Aadhar Card changed so that when the applicant established physical relationship with the complainant, she would not have been a minor.
“Criminal courts in general with the trial court in particular are the guardian angels of liberty. Liberty, as embedded in the Code,
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