VidhiSangh

Supreme Court of India · 23/02/2018

PANKAJ JAIN versus UNION OF INDIA & ANR.

[2018] 9 S.C.R. 248 · 2018 INSC 198

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Summary

The Supreme Court held that Section 88 CrPC conferred discretion to take an appearance bond, rather than an automatic right to release for a person not arrested during investigation. On these facts, non-bailable warrants and proceedings under Sections 82 and 83 had already issued, and refusal to accept a bond was justified. The Court declined to decide regular bail in the first instance, directing the trial court to consider any bail application forthwith, including the appellant’s disability and other relevant grounds.

Issues

  1. Whether absence of arrest during investigation required release on an appearance bond under Section 88 CrPC.
  2. Whether “may” in that provision imposed a mandatory duty.
  3. Whether the Supreme Court should decide regular bail before an application to the trial court.

Provisions considered

Held

Result

Appeal disposed of. Refusal of release under Section 88 upheld; trial court to consider any regular-bail application forthwith on the relevant grounds.

Judgment PDF: Supreme Court of India, [2018] 9 S.C.R. 248.