TaxTMI Login
Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
of 
Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
of Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
All Case Laws
of Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
All Case Laws
Join Channel
Note
Bookmark
Share
Don't have an account? Register Here
of Press 'Enter' after typing page number.
Issues: (i) Whether a Special Court under the National Investigation Agency Act, 2008 exercises power to grant bail under Section 437 of the Code of Criminal Procedure, 1973 and not under Section 439 of that Code; (ii) Whether an accused who was earlier enlarged on bail for some offences can continue on that bail after additional and graver offences are added in the charge-sheet without seeking fresh bail for the added offences.
Issue (i): Whether a Special Court under the National Investigation Agency Act, 2008 exercises power to grant bail under Section 437 of the Code of Criminal Procedure, 1973 and not under Section 439 of that Code.
Analysis: The statutory scheme of the National Investigation Agency Act, 2008 treats the Special Court as a court of original criminal jurisdiction for cognizance and remand, while the fiction that it acts as a Court of Session operates only for the purpose of trial. The Court held that the power to grant bail to an accused produced before the Special Court is traceable to Section 437 of the Code of Criminal Procedure, 1973 and carries the limitations attached to that provision. The wider powers under Section 439 of the Code are not available to the Special Court. In cases involving offences under Chapter IV or VI of the Unlawful Activities (Prevention) Act, 1967, the embargo under Section 43D(5) operates in addition to the limits under Section 437.
Conclusion: The Special Court's bail jurisdiction is governed by Section 437 of the Code of Criminal Procedure, 1973, with the added restriction under Section 43D(5) of the Unlawful Activities (Prevention) Act, 1967.
Issue (ii): Whether an accused who was earlier enlarged on bail for some offences can continue on that bail after additional and graver offences are added in the charge-sheet without seeking fresh bail for the added offences.
Analysis: Bail is granted in respect of offences, not merely in respect of a case number. When new penal provisions are added, especially provisions that are more serious and attract a stricter bail regime, the accused must apply afresh for bail in respect of the added offences. Mere absence of earlier cancellation proceedings does not preserve liberty against the new charges. The accused is treated as being in the custody of the court for the purpose of the newly added offences, and the court must then decide bail on the basis of the new charges and the applicable statutory restrictions. Where the added offences are under Chapter IV or VI of the Unlawful Activities (Prevention) Act, 1967, bail cannot be granted if the materials disclose reasonable grounds for believing that the accusation is prima facie true.
Conclusion: Fresh bail was required for the added offences, and the earlier bail could not continue as of right.
Final Conclusion: The refusal to permit the appellant to remain on previous bail was sustained, the appellant was not entitled to bail on the added offences, and the appeal failed.
Ratio Decidendi: A Special Court under the National Investigation Agency Act, 2008 grants bail under Section 437 of the Code of Criminal Procedure, 1973, and when additional offences carrying a stricter bail bar are added, the accused must seek bail afresh for those offences; prior bail for earlier charges does not automatically extend to the new charges.
TaxTMI 
