The Supreme Court has ruled that courts cannot consider the conduct of an accused after the grant of bail while deciding an appeal against that bail order. The Court clarified that such conduct becomes relevant only in proceedings seeking cancellation of bail.
A Bench of Justice J.B. Pardiwala and Justice Vijay Bishnoi delivered the ruling while allowing an appeal against an order of the Madhya Pradesh High Court. The High Court had granted anticipatory bail to an accused who was allegedly absconding. The Supreme Court set aside that order.
Background of the Case
The matter arose in BALMUKUND SINGH GAUTAM v. STATE OF MADHYA PRADESH AND ANR. The complainant challenged the High Court’s decision to grant anticipatory bail to Respondent No. 2.
Before the Supreme Court, the accused argued that his conduct after receiving bail should influence the outcome of the appeal. He submitted that his post-bail behaviour justified dismissal of the challenge to the anticipatory bail order.
Supreme Court’s Analysis
The Bench rejected this contention. Justice Vijay Bishnoi authored the judgment.
The Court relied on its earlier decision in Ashok Dhankad v. State of NCT of Delhi and Another. It reiterated that while hearing an appeal against the grant of bail, the Court examines only whether the impugned order suffers from perversity, illegality, or inconsistency with established legal principles.
The Court made it clear that subsequent conduct does not fall within this scope of review.
Quoting from Ashok Dhankad, the Bench observed:
“Post-bail conduct is never a valid consideration while dealing with an appeal against grant of bail.”
The Court further clarified that if the accused misuses liberty after bail, the appropriate remedy lies in filing an application for cancellation of bail.
Distinction Between Appeal and Cancellation
The judgment emphasises a clear procedural distinction. An appellate court evaluates the legality of the bail order at the time it was passed. It does not assess events that occur later.
However, courts may examine post-bail conduct when considering an application seeking cancellation of bail.
With these observations, the Supreme Court reaffirmed that post-bail conduct cannot be relied upon to sustain or oppose an appeal against the grant of bail.
