Arnab Manoranjan Goswami vs The State of Maharashtra & Ors. Criminal Appeal 742/2020 decided on 27 November 2020.
Judgment Link: https://main.sci.gov.in/supremecourt/2020/24646/24646_2020_33_1501_24858_Judgement_27-Nov-2020.pdf
Relevant paragraphs: 57 While considering an application for the grant of bail under Article 226 in a suitable case, the High Court must consider the settled factors which emerge from the precedents of this Court. These factors can be summarized as follows:
- The nature of the alleged offence, the nature of the accusation and the severity of the punishment in the case of a conviction;
- Whether there exists a reasonable apprehension of the accused tampering with the witnesses or being a threat to the complainant or the witnesses;
- The possibility of securing the presence of the accused at the trial or the likelihood of the accused fleeing from justice;
- The antecedents of and circumstances which are peculiar to the accused;
- Whether prima facie the ingredients of the offence are made out, on the basis of the allegations as they stand, in the FIR; and
- The significant interests of the public or the State and other similar considerations.
58. These principles have evolved over a period of time and emanate from the following (among other) decisions: Prahlad Singh Bhati vs NCT, Delhi (2001) 4 SCC 280, Ram Govind Upadhyay vs Sudarshan Singh (2002) 3 SCC 598, State of UP vs Amarmani Tripathi (2005) 8 SCC 21, Prasanta Kumar Sarkar vs Ashis Chatterjee (2010) 14 SCC 496, Sanjay Chandra vs CBI 2012) 1 SCC 40, and P. Chidambaram vs Central Bureau of Investigation Criminal Appeal No. 1605 of 2019 decided on 22 October 2019
59. These principles are equally applicable to the exercise of jurisdiction under Article 226 of the Constitution when the court is called upon to secure the liberty of the accused. The High Court must exercise its power with caution and circumspection, cognizant of the fact that this jurisdiction is not a ready substitute for recourse to the remedy of bail under Section 439 of the CrPC.
Compiled by S. Basavaraj, Advocate, Daksha Legal.
Daksha Legal 