…post-bail conduct is never a valid consideration while dealing with an appeal against grant of bail, and such conduct is only relevant in an application for cancellation of bail.”,

 

Challenging the High Court’s order, the complainant approached the Supreme Court of India. Opposing the appeal, the respondent-accused argued that his conduct after the grant of anticipatory bail should be considered a valid ground to dismiss the challenge to the bail order.

Rejecting this submission, the judgment authored by Justice Vijay Bishnoi held that post-bail conduct is not a relevant consideration while adjudicating an appeal against the grant of bail. Relying on Ashok Dhankad v. State of NCT of Delhi and Another, the Court clarified that at the appellate stage, the scrutiny is confined to examining whether the impugned bail order suffers from perversity, illegality, or inconsistency with settled law.

The Court, however, drew a clear distinction, observing that an accused’s conduct after release on bail may be a valid factor when considering an application for cancellation of bail, but not while deciding an appeal against the initial grant of bail.

“However, the Court may not take the conduct of an accused subsequent to the grant bail into consideration while considering an appeal against the grant of such bail. Such grounds must be taken in an application for cancellation of bail…”, the court said in Ashok Dhankad.

Cause Title: BALMUKUND SINGH GAUTAM VERSUS STATE OF MADHYA PRADESH AND ANR.