FIRST LAW

The Code of Criminal Procedure, 1973 - Section 437 (1) - A bail once granted cannot be cancelled on the off chance or on mere suppositions. [Para 15]

Prevention of Damages to Public Property Act, 1984 - S. 3 (2) - Penal Code, 1860 - Ss. 143, 147, 148 & 427 r/w 149 - Bail - College campus was turned into a war zone by a group of students - total loss sustained as Rs.2,55,000 - the applicants are entitled to conditional bail only upon deposit of the proportionate quantified loss caused due to such violence.

Prevention of Corruption Act, 1988 -  Code of Criminal Procedure, 1973 (2 of 1974) -  Section 437 -  When bail may be taken in case of nonbailable offence -  Though provisions of Sections 438 and 439 of the Code apply to the proceedings before a Special Judge appointed under the Act of 1988, provision of Section 437(6) of the Code does not apply to the proceedings before him.

Criminal P.C. 1973 -  Ss. 437, 438 & 439 - Concept of Protective Umbrella against Arrest - O rder granting protection from arrest cannot be deemed as an order of anticipatory bail and such order cannot bypass the statutory requirements for ensuring the appearance of the accused persons before the investigating authority of trial Court.

Article 21 of the Constitution of India proscribes deprivation, of the life and liberty of every Indian citizen, save and except by "procedure established by law". The law, in this country, permits deprivation of the liberty of the citizen, by her, or his, incarceration, during trial, as well as after its conclusion, but for different reasons, and to achieve different purposes. Incarceration, after trial and consequent on the accused being found guilty, is punitive in nature. Punishment, by plain logic, has necessarily to follow a determination of guilt, accompanying conviction, and can never be anterior thereto. Incarceration during trial, therefore, can never be punitive in nature and is never intended to operate as a punishment, as was rightly held in H. B. Chaturvedi vs C.B.I., 171 (2010) DLT 223 .

Criminal Procedure Code 1973 -  S. 439 -  Penal Code, 1860 -  Ss. 376, 342, 493, 506 & 354 (C) - B ail once granted should not be cancelled unless a cogent case, based on a supervening event has been made out.

1. Pooja Bhatia v. Vishnu Narain Shivpuri [10/03/2014] Criminal Law - Cancellation of Bail - Acid Attack - Cunning Criminal;  2014 (3) SCR 661 : (2014) 13 SCC 492 : 2014 (3) Scale 612

The Hon'ble Apex Court in Prasanta Kumar Sarkar v. Ashis Chatterjee and Another (2010) 14 SCC 496 , has laid down the following principles to be kept in mind, while deciding petition for bail:  1. Whether there is any prima facie or reasonable ground to believe that the accused had committed the offence;  2. Nature and gravity of the accusation;  3. Severity of the punishment in the event of conviction;  4. Danger of the accused absconding or fleeing, if released on bail;  5. Character, behaviour, means, position and standing of the accused;  6. Likelihood of the offence being repeated;  7. Reasonable apprehension of the witnesses being influenced; and  8. Danger, of course, of justice being thwarted by grant of bail.

Bail - Object of the bail is to secure the attendance of the accused in the trial and the proper test to be applied in the solution of the question whether bail should be granted or refused is whether it is probable that the party will appear to take his trial. Otherwise, bail is not to be withheld as a punishment. Otherwise also, normal rule is of bail and not jail. Court has to keep in mind nature of accusations, nature of evidence in support thereof, severity of the punishment which conviction will entail, character of the accused, circumstances which are peculiar to the accused involved in that crime.

Narcotic Drugs & Psychotropic Substances Act, 1985 - Ss. 20, 61 & 85 - Police recovered 255 grams charas from the bag - Less than commercial quantity - freedom of bail petitioner cannot be allowed to be curtailed for indefinite period during the trial, especially when investigation in the case is complete and nothing is required to be recovered from the bail petitioner.

Bail - A  humane attitude is required to be adopted by a judge, while dealing with an application for remanding a suspect or an accused person to police custody or judicial custody. There are several reasons for this including maintaining the dignity of an accused person, howsoever poor that person might be, the requirements of Article 21 of the Constitution and the fact that there is enormous overcrowding in prisons, leading to social and other problems.

Criminal Procedure Code, 1973 - S. 438 - Anticipatory Bail  - D e-facto complainant has no objection if protection under Section 438(2) Cr.P.C.  is granted to the accused, in case he is permitted to withdraw the amount deposited before the Court - He is only interested in getting his money and does not want to prosecute the accused - Appeal disposed.