Supreme Court: Accused on Bail Need Not Appear in Every Criminal Appeal Hearing
Court says mandatory presence after suspension of sentence is unnecessary and unfair
Bench directs High Courts to avoid burdensome practices in appellate proceedings
By Our Legal Reporter
In a landmark ruling, the Supreme Court of India has clarified that accused persons whose sentences have been suspended and who have been granted bail cannot be compelled to appear regularly in criminal appeal proceedings. The Court described such a practice as “unwarranted and purposeless”, noting that appeals often remain pending for months or years and are frequently adjourned for reasons beyond the accused’s control.
The judgment, delivered by a bench of Justices Aravind Kumar and Prasanna B. Varale, arose from a case in Haryana where the High Court had directed the accused to appear on every date of hearing despite bail being granted. The Supreme Court set aside this requirement, emphasizing that once bail is granted, the accused’s liberty must be respected.
Background of the Case
- The case involved an accused convicted under Section 138 of the Negotiable Instruments Act, 1881 for dishonoured cheques worth over ₹12 lakh.
- The High Court suspended the sentence and granted bail but required the accused to appear on every date of hearing.
- The accused challenged this condition before the Supreme Court.
- The Supreme Court ruled that such mandatory presence is unnecessary, especially when appeals are adjourned repeatedly for reasons unrelated to the accused.
Key Observations by the Supreme Court
- Unwarranted practice: Requiring accused persons to appear regularly after bail is granted serves no purpose.
- Burden on accused: Appeals often remain pending for years, and repeated appearances cause hardship.
- Suspension of sentence: Once a sentence is suspended, the accused is not required to attend every hearing unless specifically directed.
- Judicial discipline: High Courts must avoid imposing unnecessary conditions that infringe on liberty.
- Directive to judiciary: The Supreme Court asked that its order be circulated to the Chief Justice of the Punjab & Haryana High Court for guidance to district courts.
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Comparison Table
|
Aspect |
High Court Practice |
Supreme Court Ruling |
|
Accused presence |
Mandatory on every hearing |
Not required after bail |
|
Impact on accused |
Burdensome, repeated appearances |
Liberty respected |
|
Adjournments |
Frequent, beyond accused’s control |
Cannot justify mandatory presence |
|
Judicial directive |
Local practice in Haryana |
Nationwide guidance from SC |
Why This Ruling Matters
- For accused persons: Protects liberty and prevents unnecessary harassment during prolonged appeals.
- For courts: Provides clarity on bail conditions, ensuring consistency across jurisdictions.
- For society: Reinforces the principle that bail is a safeguard of liberty, not a conditional punishment.
- For legal system: Reduces unnecessary congestion in appellate courts by avoiding needless appearances.
Broader Legal Context
This ruling builds on the principle that bail is the rule and jail the exception, as emphasized in earlier Supreme Court judgments.
- In State of Rajasthan v. Balchand (1977), the Court held that bail should be granted liberally.
- In Hussainara Khatoon v. State of Bihar (1979), the Court stressed the importance of speedy trials and liberty.
- The latest ruling clarifies that suspension of sentence and bail protect liberty during appeals, and courts must avoid imposing conditions that undermine this protection.
Risks & Limitations
- Risk of misuse: Some accused may misuse liberty by absconding; courts must retain discretion to require presence when necessary.
- Judicial caution: Courts must balance liberty with ensuring attendance when hearings are substantive.
- Trade-off: While protecting liberty, courts must ensure that appeals are not delayed due to absence of accused.
Conclusion
The Supreme Court’s ruling is a landmark in criminal appellate jurisprudence. By holding that accused persons on bail need not appear in every hearing, the Court has reinforced the principle of liberty and fairness in judicial proceedings.
This judgment ensures that bail conditions remain reasonable, preventing unnecessary harassment of accused persons while maintaining judicial discipline. It provides nationwide clarity, guiding High Courts and district courts to respect the liberty of individuals once bail has been granted.
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