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PACL vs. C.B.I.

Not available · 2023 INSC 795Decided 5 Sept 2023
Not available
A.S. Bopanna · M.M. Sundresh

Background

Two former directors of PACL (accused nos. 5 and 6): a company accused of running an illegal money-collection scheme in which more than Rs. 40,000 crore was allegedly siphoned off from investors nationwide: sought a blanket bail order that would apply not only to the CBI's case but also to numerous other complaints filed against them by different informants and investigating agencies across the country. They had already been in custody for over seven years and were on interim bail.

Decision Breakdown

The Supreme Court declined to grant one omnibus bail order covering all the pending cases, holding that each case involved different facts, different investigating agencies, and materials the Court did not have before it: a single bail order could not mechanically be extended to unrelated proceedings. The applicants were directed to approach the respective jurisdictional courts for bail in each case, as a co-accused had successfully done. However, considering the applicants' prolonged incarceration and health difficulties, the Court extended their existing interim bail by three months to give them time to approach the appropriate courts.

Lesson Learnt

The Supreme Court will not grant a single "blanket" bail order to cover multiple separate criminal cases spread across different courts and agencies: an accused must seek bail separately in each case from the court that actually has jurisdiction over it.

Official source (sci.gov.in)View Judgment (PDF)

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