whether supreme court can bypass trial court and grant bail

2024 INSC 687
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REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
Criminal Appeal No. 3816 / 2024
(Arising out of Special Leave Petition (Crl.) No. 11023 / 2024)
Arvind Kejriwal .Appellant(s)
versus
Central Bureau of Investigation .Respondent(s)
WITH
Criminal Appeal No. 3817 / 2024
(Arising out of Special Leave Petition (Crl.) No. 10991 / 2024)
JUDGEMENT
SURYA KANT, J.. Whether the filing of a chargesheet is a change in circumstances
warranting relegation to the trial court for grant of regular bail?
43. It is true that generally the Trial Court should consider the prayer
seeking bail once the chargesheet is filed, since the material that an
Investigating Authority may have been able to procure would
undoubtedly facilitate that court to form a prima facie opinion with
regard to (i) the gravity of offence; (ii) the degree of involvement of the
applicant; (iii) the background and vulnerability of the witnesses; (iv) the
approximate timeline for conclusion of the trial based on the number of
witnesses; and (v) the societal impact of granting or denying bail.
However, there can be no straitjacket formula which enumerates that
every case concerning the consideration of bail should depend upon the
filing of a chargesheet. In fact, each case ought to be assessed on its own
merits, recognizing that no one-size fits all formula exists for determining
bail.
44. An undertrial thus should, ordinarily, first approach the Trial Court for
bail, as this process not only provides the accused an opportunity for
initial relief but also allows the High Court to serve as a secondary
avenue if the Trial Court denies bail for inadequate reasons. This
approach is beneficial for both the accused and the prosecution; if bail
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is granted without proper consideration, the prosecution too can seek
corrective measures from the High Court.
45. However, superior courts should adhere to this procedural recourse from
the outset. If an accused approaches the High Court directly without first
seeking relief from the Trial Court, it is generally appropriate for the High
Court to redirect them to the Trial Court at the threshold. Nevertheless,
if there are significant delays following notice, it may not be prudent to
relegate the matter to the Trial Court at a later stage. Bail being closely
tied to personal liberty, such claims should be adjudicated promptly on
their merits, rather than oscillating between courts on mere procedural
technicalities.
46. This issue is however, more or less academic in the instant case as the
High Court did not relegate the Appellant to the Trial Court at the
preliminary stage. Since notice was issued and the parties were
apparently heard on merits by the High Court, we do not deem it
necessary at this stage to relegate the Appellant to the Trial Court even
though filing of a chargesheet is a change in the circumstances.