BAIL IN BAILABLE OFFENCE IS ABSOLUTE RIGHT - SUPREME COURT

“Bail in bailable offence is absolute right” The right to claim bail under Section 436 of the Criminal Procedure Code in a bailable offence is an absolute and indefeasible right and court cannot have any discretion to reject bail, the Supreme Court has held. A Bench of Justice R. V. Raveendran and Justice J. M. Panchal said, “the right to claim bail granted by Section 436 of the Code in a bailable offence is an absolute and indefeasible right. In bailable offences there is no question of discretion in granting bail as the words of Section 436 are imperative.” Writing the judgment Justice Panchal said: “There is no manner of doubt that bail in a bailable offence can be claimed by accused as of right. “Further a bail granted to a person accused of bailable offence could not be cancelled on the ground that the complainant was not heard.” The Bench said, “under Section 436 Cr. P.C what has to be ascertained by the officer or the court is as to whether the person accused is alleged to have committed bailable offences and if the same is found to be in affirmative, officer or the court has no other alternative but to release such person on bail if he is ready and willing to abide by reasonable conditions which may be imposed on him.” The Bench, however, said, “a High Court has the inherent power to cancel the bail of an accused who forfeits his right to be released on bail if his conduct subsequent to his release is found to be prejudicial to a fair trial.” In the instant case, the Madhya Pradesh High Court cancelled the bail granted by a trial court to the appellant Rasiklal in a defamation case. Allowing the appeal, the Bench set aside the High Court order and ordered his release on bail.

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