Bail no matter of right for an accused: SC

The Supreme Court on Friday held that an accused cannot be released on bail as a matter of right, even  if  the person was not arrested during the investigation.

A bench of Justices A K Sikri and Ashok Bhushan interpreted Section 88 of the Criminal Procedure Code (CrPC) to hold that the provision did not cast a duty upon the judicial officer to release the accused on bail  and that it was  the discretion of the judge to decide in favour of release or not.

Section 88 holds that when any person, for whose appearance or arrest the judge is empowered to issue a summons or warrant, is present in such court, such judge "may"  require such person to execute a bond, with or without sureties, for his appearance in the court concerned.

"Discretion given under Section 88 to the court does not confer any right on a person, who is present in the court, rather it is the power given to the court to facilitate his appearance which clearly indicates that use of word 'may' is discretionary and it is for the court to exercise its discretion when situation so demands," the bench said.

The court disallowed a plea by senior advocate Mukul Rohatgi who contended it was imperative for a judge to release an accused, who was not arrested during the investigation, on bail when he appeared before the court.

The court passed its judgement while upholding the order for rejection of bail plea by a CBI judge and the Allahabad High Court in case of Pankaj Jain, a co-accused in a corruption case involving Noida former chief engineer Yadav Singh.