Satender Kumar Antil v. CBI, 2022 SCC OnLine SC 825 [‘India needs a Bail Act’: Supreme Court Asks Centre to consider the suggestion; Grant of bail — Exercise of discretion by court —Guidelines issued therefore based on categorisation of offences made herein: Offences have been Categorised and the guidelines have been issued for grant of bail, but without fettering the Discretion of the courts concerned and keeping in mind the statutory provisions. Further held, Where the accused have not cooperated in the investigation nor appeared before the investigating Officers, nor answered summons when the court feels that judicial custody of the accused is Necessary for the completion of the trial, where further investigation including a possible recovery Is needed, the benefit of the above guidelines cannot be given to such accused. Lastly, held, it is Not as if economic offences not covered by Special Acts, are completely taken out of the aforesaid Guidelines but do form a different nature of offences. Thus the seriousness of the charge has to be Taken into account but simultaneously, the severity of the punishment imposed by the statute wouldalso be a factor.]
Mohammed Zubair v. State of NCT of Delhi, 2022 SCC OnLine SC 897 [The 6 FIRs filed in Ghaziabad, Chandauli, Lakhimpur, Sitapur, Hathras have also been transferred from the Uttar Pradesh Police to the Special Cell of the Delhi Police, thereby disbanding the SIT formed by the Director General of Police, Uttar Pradesh on 10 July 2022. If any other related FIR is filed against Zubair then the same will also be transferred to the Special Cell of the Delhi Police and Zubair Shall be entitled to the order of interim bail.]
X v. Arun Kumar CK , CRIMINAL APPEAL NO.1834/2022 (@Petition for Special Leave to Appeal (Crl.) No.7188/2022 [The first and foremost thing that the court hearing an anticipatory Bail application should consider is the prima facie case put up against the accused. Thereafter, the Nature of the offence should be looked into along with the severity of the punishment. Custodial Interrogation can be one of the grounds to decline custodial interrogation. However, even if Custodial interrogation is not required or necessitated, by itself, cannot be a ground to grant Anticipatory bail.]
Naser Bin Abu Bakr Yafai v. State of Maharashtra, (2022) 6 SCC 308 [Re S. 167(2) CrPC where Default bail claimed on ground that as charge-sheet was not filed within stipulated period by Investigating agency which had jurisdiction to submit the same, and/or charge-sheet was not Submitted in a proper court entrusted with jurisdiction, the accused had an indefeasible right to Bail.]
Ram Govind Upadhyay v. Sudarshan Singh and Others, (2022) 3 SCC 598 [Grant of bail though Being a discretionary order but, however, calls for exercise of such a discretion in a judicious Manner and not as a matter of course. Order for Bail bereft of any cogent reason cannot be Sustained. Needless to record, however, that the grant of bail is dependent upon the contextual Facts of the matter being dealt with by the Court and facts however do always vary from case to Case.]
M Ravindran v. Intelligence Officer Directorate of Revenue Intelligence, (2021) 2 SCC 485 Right to Default bail- scope – Accrual and Extinguishment; The Court held that the appellant was Entitled to the relief of permanent bail on medical grounds. Therefore, the Court granted bail to The appellant by deleting the condition placed in the earlier Order limiting the relief in terms of Time. The Bail was granted subject to certain conditions.]
Arnab Manoranjan Goswami v. State of Maharashtra, (2021) 2 SCC 427 [ Factors to be Considered for grant of bail]
Sushila Aggarwal v. State (NCT of Delhi), (2020) 5 SCC 1 [The Constitution Bench considered And gave due weightage to personal liberty, which at the very heart of the law, is central to the Concept of anticipatory bail. Held that, the application for anticipatory bail should be based on Concrete facts, relatable to one or other specific offence, along with the reason for apprehending Arrest. It was iterated that courts should consider the nature of the offence, role of the person, Likelihood of him influencing the course of the investigation or tampering with evidence or Likelihood of fleeing and accordingly courts may impose restrictive conditions.]
P. Chidambaram v. Directorate of Enforcement, (2019) 9 SCC 24 [ Anticipatory Bail – Factors To be considered]
Jagjeet Singh v. Ashish Mishra, 2022 SCC Online SC 453 [If the right to file an appeal against Acquittal, is not accompanied with the right to be heard at the time of deciding a bail application, The same may result in grave miscarriage of justice. Victims certainly cannot be expected to be Sitting on the fence and watching the proceedings from afar, especially when they may have Legitimate grievances. It is the solemn duty of a court to deliver justice before the memory of an injustice eclipses.