2008 (12) TMI 446 - SC - Indian Laws

Supreme Court Upholds Denial of Bail Appeal, Emphasizes Custody Requirement

VAMAN NARAIN GHIYA Versus STATE OF RAJASTHAN

VAMAN NARAIN GHIYA Versus STATE OF RAJASTHAN - 2009 (234) E.L.T. 3 (SC) , 2009 (2) SCC 281 Issues Involved:1. Application for bail under Section 439 of the Code of Criminal Procedure, 1973.2. Discharge of the appellant from the offence under Section 413 of the Indian Penal Code (IPC).3. Consideration of anticipatory bail under Section 438 of the Code.4. Interpretation of 'custody' for the purposes of Section 439 of the Code.5. Balance between personal liberty and investigational rights of the police.Detailed Analysis:1. Application for Bail under Section 439 of the Code of Criminal Procedure, 1973:The appellant challenged the rejection of his bail application by the Rajasthan High Court. The High Court had previously rejected his bail application on 15-12-2003. The appellant's argument was based on the fact that he was discharged from the offence under Section 413 IPC and was only facing trial for offences under Sections 457, 380, and 411 IPC, which are triable by a Magistrate. He contended that the prosecution's evidence was insufficient for conviction, and no recovery was made from him. Additionally, other co-accused were granted bail, and he had already been granted bail in six out of ten cases registered against him. The State opposed the bail application, citing a similar case where the appellant's bail application was rejected by the Jaipur Bench and upheld by the Supreme Court.2. Discharge of the Appellant from the Offence under Section 413 IPC:The appellant was initially discharged from the offence under Section 413 IPC by the trial court. However, the High Court set aside this discharge order in S.B. Criminal Revision No. 817 of 2005. The appellant's appeal against this order was dismissed as withdrawn by the Supreme Court in Criminal Appeal No. 1585 of 2007. Therefore, the appellant's argument for reconsideration of bail based on the discharge order was not valid as the discharge had been set aside.3. Consideration of Anticipatory Bail under Section 438 of the Code:The judgment referenced several precedents regarding anticipatory bail, emphasizing that such bail is granted in anticipation of arrest in non-bailable cases. It was noted that anticipatory bail should be of limited duration, allowing the accused to move the regular court for bail after the investigation progresses or the charge-sheet is submitted. The court cited precedents including Salauddin Abdulsamad Shaikh v. State of Maharashtra and K.L. Verma v. State and Anr., underscoring that anticipatory bail does not bypass the regular court's authority.4. Interpretation of 'Custody' for the Purposes of Section 439 of the Code:The court clarified that for an application under Section 439 of the Code, the accused must be in custody. This was supported by precedents such as Niranjan Singh and Anr. v. Prabhakar Rajaram Kharote and Ors., which established that an application for bail under Section 439 is not maintainable unless the person is in custody. The court reiterated that the statutory requirement of custody cannot be bypassed by extending the protective umbrella of Section 438 beyond its intended scope.5. Balance between Personal Liberty and Investigational Rights of the Police:The judgment highlighted the importance of balancing personal liberty with the investigational rights of the police. It emphasized that while personal liberty is fundamental, it must be balanced with the security of the community. The law of bail requires a balance between the accused's liberty and the society's need for protection from potential criminal activities. The court noted that bail should not be granted in a manner that prejudges the case or interferes with the investigation.Conclusion:The Supreme Court found no merit in the appellant's appeal and dismissed it accordingly. The court underscored the necessity of the accused being in custody for bail applications under Section 439 and the limited scope of anticipatory bail under Section 438. The judgment balanced the principles of personal liberty with the investigational needs of the police, ensuring that the legal process is not undermined.