Supreme Court Issues Guidelines On Granting Bail On Filing Of Charge Sheet

The requisite conditions include those not arrested during investigation, cooperated throughout in the probe including appearing before Investigating Officer whenever called, the Supreme Court said.

New Delhi: 

The Supreme Court Thursday issued guidelines for granting bail after the filing of charge sheet and said trial courts are not precluded from granting interim relief considering the accused’s conduct during the probe.

A bench comprising Justices SK Kaul and MM Sundresh accepted the suggestions made by Additional Solicitor General S V Raju and senior advocate Sidharth Luthra on the issue.

The offences are put into four categories — A to D, and the guidelines have been laid down without fettering the discretion of the courts concerned and keeping in mind the statutory provisions, it said.

We are inclined to accept the guidelines and make them a part of the order of the Court for the benefit of the Courts below,” the bench said.

The category A offences include: a) Ordinary summons at the 1st instance/including permitting appearance through Lawyer; b) If such an accused does not appear despite service of summons, then Bailable Warrant for physical appearance may be issued; c) NBW on failure to failure to appear despite issuance of Bailable Warrant.

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