Can Regular Bail Be Granted Effective From A Future Date: Supreme Court To Consider
The Supreme Court has 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.
The Apex Court has issued notice in a Special Leave Petition and granted interim relief to a man who was granted bail by the Patna High Court on May 10, 2023, but 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.
The Bench of Justice Hrishikesh Roy, Justice M.M. Sundresh, and Justice Prashant Kumar Mishra was informed by the Advocate-on-Record Prithvi Pal, appearing for the Petitioner, that he had been granted bail on May 10, 2023, but strangely, the High Court had directed his release only after one year of custody.
Consequently, the Supreme Court issued notice in the SLP ordered, "In the meantime, the condition “one year in custody” in the impugned order is stayed. In other words, the petitioner is entitled to be released on bail in terms of the High Court’s order dated 10.05.2023."
The AoR had also submitted that the Law does not permit the Court to pass such an order. The Petitioner had been accused of the offence under Section 30(a)(c)(d)(g) of the Bihar Prohibition and Excise Amendment Act, 2018 and was in custody on January 1, 2023.
The High Court had while granting bail in its order noted, "Considering the period of custody and the recovery of liquor, this application for regular bail is allowed. Let the petitioner, above named, be released on bail after completing one year in custody, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-cum-Exclusive Special, Excise court No.2, Gaya in connection with Belaganj P.S. Case No. 780 of 2022."
The Supreme Court has made the notice returnable in four weeks.
Cause Title: Fagu Yadav @ Kishori Yadav v. The State Of Bihar [Diary No(s). 35732/2023]