Supreme Court sets new measures for Trial Court on granting regular bail

Team SoOLEGAL 14 Aug 2017 4:09pm

Supreme Court sets new measures for Trial Court on granting regular bail

The Supreme Court has directed all the subordinate courts and their Judicial Officers across the country not to entertain any application for regular bail from accused, if they already have anticipatory bail granted from Aplex or High Court, considering it as an abuse of the legal procedures of Court.

A bench comprising Justices Ranjan Gogoi and Navin Sinha stated that Granting regular bail to accused by the trial court would clearly be an abuse of the orders of superior courts if they decided to extend bail on regular basis by terminating the interim protection already given to accused.

Once the regular bail is granted to the accused by the lower courts on the strength of anticipatory bail granted by the superior court, therefore, if the superior court tend to dismiss the plea for anticipatory bail with the absolute consideration of the case, the regular bail permited by the trial court continue to hold the ground, rendering the ultimate rejection of the pre-arrest bail by the superior court worthless, the Court stated.

The Bench terminated the exercise of permitting regular bail to the accused by any trial court, said that if any court is still granting regular bail to the accused or considering of granting regular bail to someone who already has anticipatory bail must abandon the practice immediately. The Bench stated that when Supreme Court or High Court or any Session Judge Courts allows an anticipatory bail to a accused and the case is pending before the court, there can be no provision for accused to surrender and demand regular bail during the trial.

The Court was hearing a petition filed by Ms. Rukmani Mahato, challenging the Jharkhand’s High Court’s decision of dismissing her appeal to have a regular bail. She was granted a pre-arrest bail by the Apex Court last year, afterwards she appeared before the Trial Court and surrendered in order to get a regular bail.

Later, the Apex Court asked Trial Court why Ms. Mahato has been granted with regular bail during the pendency of the SLP, After hearing the Trial Court’s explanation, the court concluded the regular bail which was granted to Ms. Mahato is an unintentional mistake on the part of the Trial Court. 

Read the Order Here:

Supreme Court   Justices Ranjan Gogoi  
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