Section 32 Arbitration Act | Termination for Non-Payment of Fees Ends Arbitrator’s Mandate; Remedy Lies in Section 14(2): Supreme Court False Allegations of Dowry and Bigamy Amount to Mental Cruelty: Madras High Court Upholds Divorce Plaintiff Must Prove Her Own Title Before Seeking Demolition Of Defendant’s Pre-existing House: Andhra Pradesh High Court Mismatch Between Bullet and Recovered Gun Fatal to Prosecution: Calcutta High Court Acquits Man Convicted for Murder Where the Conduct of the Sole Eye-Witness Appears Unnatural and No Independent Witness Is Examined, Conviction Cannot Stand: Allahabad High Court Fraudulent Sale of Vehicle During Hire Purchase Renders Agreement Void: Gauhati High Court Upholds Decree for Refund of ₹4.90 Lakhs Unsigned Written Statement Can’t Silence a Defendant: Hyper-Technical Objections Must Yield to Substantive Justice: Delhi High Court Default Bail | No Accused, No Extension: Delhi High Court Rules Custody Extension Without Notice as Gross Illegality Under Article 21 Gratuity Can Be Withheld Post-Retirement for Proven Negligence Under Service Rules – Payment of Gratuity Act Does Not Override CDA Rules: Calcutta High Court Cognizance Is of the Offence, Not the Offender: Madras High Court Rejects Challenge to ED’s Supplementary Complaint in PMLA Case Acquittal in Rajasthan No Bar to Trial in Madhya Pradesh: MP High Court Rejects Double Jeopardy Plea in Antiquities Theft Case 20% Deposit Isn’t Automatic in Cheque Bounce Appeals: Right to Appeal Can’t Be Priced Out: Punjab & Haryana High Court Checks Mechanical Use of Section 148 NI Act A Child Is Not a Non-Earner: Punjab & Haryana High Court Sets New Benchmark in Compensation for Minors’ Deaths 90 Days Is Not Sacrosanct – Courts Can Permit Reply to Counter-Claim Even Beyond Prescribed Time in Interest of Justice: Punjab & Haryana High Court Magistrate Can Proceed Only for Offences Committed in India Until Sanction Is Obtained for Acts Outside India: Orissa High Court on International Financial Fraud Award Is Vitiated by Non-Consideration of Material Evidence: Orissa High Court Sets Aside Industrial Tribunal’s Wage Award in IMFA Case POCSO | Absence of Child's Name in Birth Certificate Not Fatal: Kerala High Court No One Has the Right to Impute Illicit Motives to Judges in the Name of Free Speech: Karnataka High Court Jails Man for Criminal Contempt DV Complaint Cannot Be Quashed at Threshold Under Article 227: Madras High Court Refuses to Interfere, Directs Accused to Seek Remedy Before Magistrate Recovery Wasn't From Accused's Exclusive Knowledge — Cylinder Already Marked in Site Plan Before Arrest: Allahabad High Court Acquits Man in Murder Case State Can’t Block SARFAESI Sale by Late Revenue Entries: Secured Creditor’s Charge Prevails Over Tax Dues: Punjab & Haryana High Court Slams Sub-Registrar’s Refusal Providing SIM Card Without Knowledge of Its Criminal Use Does Not Imply Criminal Conspiracy: P&H High Court Grants Bail in UAPA & Murder Case Importer Who Accepts Enhanced Valuation Cannot Later Contest Confiscation and Penalty for Undervaluation: Madras High Court Upholds Strict Liability under Customs Act "Allegations Are Not Proof: Madras High Court Refuses Divorce Without Substantiated Cruelty or Desertion" When FIR Is Filed After Consulting Political Leaders, the Possibility of Coloured Version Cannot Be Ruled Out: Kerala High Court Mere Allegations of Antecedents Without Conviction Can't Defeat Right to Anticipatory Bail: Kerala High Court Section 106 Of Evidence Act Cannot Be Invoked In Vacuum – Prosecution Must First Lay Foundational Facts: Karnataka High Court Acquits Wife And Co-Accused In Husband’s Murder Case Parity Cannot Be Claimed When Roles Are Different: Karnataka High Court Refuses Bail to Youth Accused of Brutal Killing Injured Wife Would Not Falsely Implicate Her Husband: Gauhati High Court Upholds Conviction in Domestic Stabbing Case Disputed Bids, Missing Evidence and No Prejudice: Delhi High Court Refuses to Intervene in Tender Challenge under Article 226 Setting Fire to House Where Only Minors Were Present is a Heinous Offence – No Quashing Merely Because Parties Settled: Calcutta High Court No Exclusive Possession Means Licence, Not Lease: Calcutta High Court Rules City Civil Court Has Jurisdiction to Evict Licensees Defendant's Own Family Attested the Sale Agreement – Yet She Called It Nominal: Andhra Pradesh High Court Upholds Specific Performance Renewal Not Automatic, No Evidence Of Notice Or Mutual Agreement: AP High Court Dismisses Indian Oil’s Appeal Against Eviction

Supreme Court Reiterates Personal Liberty’s Significance: Issues Landmark Guidelines for Anticipatory Bail

07 May 2024 8:19 AM

By: Admin


In a significant ruling, the Supreme Court of India emphasized the paramount importance of personal liberty and issued landmark guidelines regarding anticipatory bail. The judgment, delivered by Justice S. Ravindra Bhat and Justice Aravind Kumar, came on July 31, 2023, and addressed a criminal appeal arising out of a Special Leave Petition.

The appellant, Md. Asfak Alam, had sought anticipatory bail after facing allegations under various sections of the Indian Penal Code and the Dowry Prohibition Act. However, his plea was dismissed by the High Court, which further directed him to surrender before the Trial Court and seek regular bail.

Justice Bhat, in the judgment, highlighted the significance of personal liberty, stating, “The history of our Republic – and indeed, the Freedom Movement has shown how the likelihood of arbitrary arrest and indefinite detention and the lack of safeguards played an important role in rallying the people to demand Independence.”

The court further underscored that arrest should not be made routinely, and the exercise of this power must be guided by the necessity of custodial investigation or preventing the accused from tampering with evidence or influencing witnesses. The judges referred to various cases, including Arnesh Kumar v. State of Bihar and Another, to lay down the guidelines for granting anticipatory bail, emphasizing that such bail should be granted unless there are exceptional circumstances.

“The Court always weighs the possibility of an accused [depending on his past conduct] of influencing witnesses or otherwise tampering with evidence. It was highlighted that the respondent, who is a complainant in this case, had alleged harassment on a regular basis by the appellant and his relatives at the matrimonial home just about one and a half months after their marriage and that she had even been threatened with loss of life,” the judgment read.

The Supreme Court set aside the High Court’s rejection of anticipatory bail and directed all courts to strictly follow the guidelines laid down in the judgment. The court stated, “All the State Governments [should] instruct their police officers not to automatically arrest when a case under Section 498-A IPC is registered but to satisfy themselves about the necessity for arrest under the parameters laid down above flowing from Section 41 CrPC.”

The ruling has been hailed as a significant step in safeguarding personal liberty and preventing arbitrary arrests, reinforcing the principles enshrined in the Constitution of India.

Date of Decision: July 31, 2023

ASFAK ALAM  vs THE STATE OF JHARKHAND & ANR.            

Latest Legal News