RASIKLAL versus KLSORE

Citation: [2009] 2 S.C.R. 795 · Decided: 20-02-2009 · Supreme Court of India · Bench: R.V. RAVEENDRAN · Disposal: Disposed off
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Judgment (excerpt)

[2009] 2 S.C.R. 795 
RASIKLAL 
v. 
Kl SORE 
Criminal Appeal No. 343 of 2009 
FEBRUARY 20, 2009 
[R.V. RAVEENDRAN AND J.M. PANCHAL, JJ.] 
Code of Criminal Procedure, 1973 : 
A 
B 
s. 436 -
Grant of bail -
For bailable offence -
Cancellation of, in revision, holding it violative of principles of c 
natural justice having been passed without hearing the 
complainant - On appeal, held: Bail in bailable offence can 
be claimed by the accused as a matter of right- While granting 
bail in such cases Police/Court is not bound to issue notice to 
the complainant and hear him - Grant of such bail without 0 
hearing the complainant, is not violative of principles of natural 
justice - Therefore, not liable to be cancelled. 
Principles of natural justice - Applicability of . 
Appellant was granted bail uls. 436 Cr.P.C. for the 
offences committed uls. 499 and 500 IPC. In revision, High E 
Court cancelled the bail, on the ground that the bail order 
was violative of principles of natural justice as the same 
was passed without hearing the complainant. Hence, the 
present appeal. 
F 
Disposing of the appeal, the Court 
HELD: 1. Under Section 436 Cr. P.C., a person 
accused of a bailable offence is entitled to be released on 
bail pending his trial. As soon as it appears that the 
accused person is prepared to give bail, the police officer G 
t 
..._ 
or the court before whom he offers to give bail, is bound 
to release him on such terms as to bail as may appear to 
the officer or the court to be reasonable. It would even be 
795 
H 
796 
SUPREME COURT REPORTS 
[2009] 2 S.C.R. 
A 
open to the officer or the court to discharge such person 
-r·--
on his executing a bond as provided in the Section instead 
of taking bail from him. [Para 6] [ 802-8-C & F] 
2. Bail in a bailable offence can be claimed by 
B 
accused as of right and the officer or the court, as the 
case may be, is bound to release the accused on bail if he 
is willing to abide by reasonable conditions which may 
be imposed on him. The right to claim bail granted by 
Section 436 of the Cr.P.C. in a bailable offence is an 
+ 
absolute and indefeasible right. In bailable offences there 
c is no question of discretion in granting bail as the words 
of Section 436 are imperative. The only choice available 
t--•
to the officer or the court is as between taking a simple 
recognizance of the accused and demanding security 
with surety. The persons contemplated by Section 436 
~ 
D cannot be taken into custody unless they are unable or 
not willing to offer bail or to execute personal bonds. [Para 
6] [802-D-E] 
3. There is no express provision in CrPC prohibiting 
E 
the court from re-arresting an accused released on bail 
under Section 436 Cr.P.C. However, High Court can cancel 
the bail bond while exercising inherent powers under 
Section 482 CrPC. A person accused of a bailable offence 
),.., 
is entitled to be released on bail pending his trial, but he 
... 
F 
forfeits his right to be released on bail, if his conduct 
subsequent to his release is found to be prejudicial to a 
fair trial. This forfeiture can be made effective by invoking 
the inherent powers of the High Court under Section 482 
Cr.P.C. [Para 7] [802-G-H; 803-A] 
G 
Ratilal Bhanji Mithani v. Asstt. Collector of Customs and 
~ 
Anr. 1967 (3) SCR 926 - followed. 
~. 
Ta/ab Haji Hussain vs. Madhukar Purushottam Mondkar 
and Anr. 1958 SCR 1226 - relied on. 
H 
4. Sub-Section (2) of Section 436 Cr.P.C. empowers 
RASIKLAL V. KISORE 
797 
any court to refuse bail without prejudice to action u/s. A 
446 Cr.P.C., where a person fails to comply with the 
conditions of bail bond. However, bail granted to an 
accused with reference to bailable offence can be 
cancelled only if the accused (1) misuses his liberty by 
indulging in similar criminal activity, (2) interferes with the 8 
course of investigation, (3) attempts to tamper with 
evidence of witnesses, (4) threatens witnesses or indulges 
_.._ 
in similar activities which would hamper smooth 
investigation, (5) attempts to flee to another country, (6) 
attempts to make himself scarce by going underground c 
or becoming unavailable to the investigating agency, (7) 
attempts to place himself beyond the reach of his surety, 
etc. These grounds are illustrative and not exhaustive. 
[Para 8] [803-C-E] 
'I" 
5. However, a bail granted to a person accused of 
" 
D 
, 
bailable offence cannot be cancelled on the ground that 
the complainant was not heard. When a police off
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