The impetus for this paper has come from two sources. The first is my budding practical difficulties faced in district judiciary. The second impetus is legal conversation exchanged between me and my beloved research person Mr. Ramprakash Rajagopal, I exactly got some drops of his wisdom flown from him, during the conversation.
The issue is: Whether accused can file Bail application when appearing in person (on summons) before the court of law in private complaint cases?
This issue was settled by our Hon’ble apex court two decades ago. The great jurist K.T.Thomas voice is concerned in Crl.A.No.699 of 2000 decided on.25.08.2000 i.e Maninder Kaur and Ors V.Teja Singh.
Para 2:…….The basic premise that the case was instituted on complaint had been overlooked by the High Court. Normally, when a case is instituted on a complaint the Court issues summons to the accused to appear in the Court and on such appearance, instead of being arrested, he would apply for bail. Unless there are compelling reasons, the Court would allow the accused to remain on bail, atleast till the charge is framed. Even after charge is framed the situation would be reconsidered if necessary whether bail should be cancelled or not. We do not think that the High Court should have expressed on the merits of the case particularly when the matter had to go for trial. We are now told that some witnesses were examined in the trial Court.
Thereafter, while being so, position is concerned again our hon’ble Apex court on 07.10.2021 their lordship M.M.Sundresh speaking through Satender Kumar Antil vs. CBI
Held : CATEGORY-A
After filing of chargesheet/complaint taking of cognizance:
a) Ordinary summons at the 1st instance/including permitting appearance through Lawyer.
b) If such an accused does not appear despite service of summons, then Bailable Warrant for physical appearance may be issued.
c) NBW on failure to failure to appear despite issuance of Bailable Warrant.
d) NBW may be cancelled or converted into a Bailable Warrant/Summons without insisting physical appearance of accused, if such an application is moved on behalf of the accused before execution of the NBW on an undertaking of the accused to appear physically on the next date/s of hearing.
e) Bail applications of such accused on appearance may be decided w/o the accused being taken in physical custody or by granting interim bail till the bail application is decided.
It is therefore, settled proposition of law is concerned even though, the private complaint cases when accused appearing before the court on summons, he/she can seek bail, there is no bar.
But my budding practical experience is concerned, in many scenario, I have seen “No one/advocate is seeking bail” on appearance (on summons), in private complaint cases, even some presiding officers also not insist upon filing bail or send to custody on the caption of detention (colloquially called as Remand).
Sometimes, learned judicial officers insist on executing a bond instead of bail, fondly called as bond under section 88 of CrPC (U/s 91 of BNSS). Please note as We known our hon’ble Apex court their Lordship, Abay.S.Oka in his unequivocal voice decided in criminal appeal No.2608 of 2024 dated:16.05.2025 i.e. merely accepting 88 bond from the accused does not amount to a grant of bail. Thereafter, in a straight Jacket manner, read out the substance of accusation/Framing of charge to the accused and write down his explain (as usual ‘not guilty’), hence, trial was commenced and witness was examined. Despite this judgment being circulated, some presiding officers passed orders in the teeth of this judgment.
To sum up, no doubt, even an accused person appears on summons before the court of law in private complaint cases, he can seek bail manner known to the law.
Thank you,
My views are very personal
Author
Rajavel @ Raju Bhai.B.A.,LLB.,
