Apex Court Expresses Surprise At Patna HC's Order Granting Bail From A Future Date, Directs Immediate Release Of Prisoner
The Supreme Court recently expressed its shock over yet another order from the Patna High Court, granting bail to a person currently in custody, with the bail taking effect from a future date. Terming the High Court's order as 'surprising', the Court directed for the 'immediate' temporary release of the Petitioner on bail.
The Bench of Justice Abhay S. Oka and Justice Pankaj Mithal were dealing with a Special Leave Petition filed by one Rakesh Paswan challenging the Patna High Court's order which had directed the release of Paswan on bail on completing 15 months in custody.
Issuing notice in the SLP, the Bench stated, "We have perused the impugned order. The impugned order records a finding that the petitioner is entitled to be released on bail. Surprisingly, the High Court has stated that he shall be released on bail but only after completing 15 months in custody."
The Court accordingly directed the immediate release of the Petitioner on bail. The Bench in its order observed,"In the meanwhile, the petitioner shall be immediately enlarged on temporary bail on the terms and conditions incorporated in the paragraph 6 of the impugned order (except the condition that the petitioner shall be enlarged on bail only after completing 15 months)."
Advocate Pranav Dubey along with Advocate-on-Record Rameshwar Prasad Goyal appeared for the Petitioner while the State of Bihar was represented by Advocate Rishi K. Awasthi along with Advocate-on-Record Punit Vinay.
Background: The Petitioner was arrested in a case registered under Sections 30(a), 33, 36, 38 of the Bihar Prohibition and Excise (Amendment) Act, 2018 and Sections 25(1-b)a/26/35 of the Arms Act. One country-made pistol and live cartridge along with illicit liquor and spirit was recovered from the petitioner.
Considering the period of custody, the High Court allowed the bail application. However, the Judge stated that the petitioner be released on bail on completing 15 months in custody and on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the exclusive special Judge. Aggrieved with this, the Petitioner approached the Apex Court.
In a recent case with a similar set of facts, the Supreme Court had agreed to consider whether regular bail can be granted to a person in custody, effective from a future date i.e. whether bail can be granted with a direction to release the prisoner on a future date. In this similar case, a man was granted bail by the Patna High Court on May 10, 2023, but he was still languishing in jail due to a peculiar condition imposed by the High Court, requiring the individual to remain in custody for an entire year before being released. It was argued before the Apex Court that the Law does not permit the Court to pass such an order.
Cause Title: Rakesh Paswan v. State Of Bihar [Special Leave to Appeal (Crl.) No(s). 13085/2023]
