Court Can’t Refuse To Hear Bail Application on Merits: SC

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Brief Facts
  • An FIR was registered against the accused over allegations of cheating, criminal breach of trust etc.
  • The accused had applied for interim bail by contending that he will resolve the disputes regarding the payment of money once he is released. The Court granted him interim bail based on his application.
  • Afterwards, the accused told the Court that he was facing difficulties to pay the money owing to certain domestic circumstances but the High Court didn’t entertain this argument.

The Court observed while rejecting the response that “Having taken interim bail, he should have honoured the undertaking. If he knew that he would not be in a position to make any payment, he should have prayed for grant of regular bail. After coming out on interim bail, the petitioner even without complying with the undertaking given before the Court cannot ask for the conversion of interim bail into regular bail”.

  • The accused filed a Special Leave Petition in the Apex court challenging the order of the High Court.
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SC’s Observation

The Court set aside the order passed by the Madras High Court which dismissed a bail application on the ground that the accused had gone back on the promise to settle.

The Court Held that

“In any event, the High Court ought to have heard the bail application on merits and ought not to have dismissed the same on the ground that the petitioner has gone back of the promise made to the High Court on 18.02.2020”, stated the SC

The Court further included that it was not intending to send the matter back to the HC for fresh consideration and ordered that the accused should be released on bail, subject to the satisfaction of the trial court

Case Name: G Selvakumar vs State of Tamil Nadu

Case no. (Crl.)No(s).4202-4203/2020


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