Affirming Existing Precedent on Bail as the Rule, Jail as the Exception under BNS 2023
The Madras High Court, through Dr Justice G. Jayachandran, holds that even in robbery at knifepoint involving a small sum and prior cases, bail applications under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 are to be considered liberally, subject to conditions—binding on all subordinate courts in its jurisdiction.
Summary
| Category | Data |
|---|---|
| Case Name | Crl.O.P.No.23517 of 2025 of Irfan vs State Rep. |
| CNR | HCMA011875292025 |
| Date of Registration | 21-08-2025 |
| Decision Date | 25-08-2025 |
| Disposal Nature | GRANTED |
| Judgment Author | Dr Justice G. Jayachandran |
| Court | Madras High Court |
| Bench | Single |
| Precedent Value | Binding |
| Overrules / Affirms | Affirms |
| Type of Law | Criminal Procedure (BNS 2023 – Bail) |
| Questions of Law | Whether bail under Section 483 BNS 2023 should be granted in a non-heinous robbery case. |
| Ratio Decidendi |
The High Court exercised its inherent discretion under Section 483 BNS 2023, weighing the nature of the offence—a robbery of ₹480 at knifepoint—and the petitioner’s previous cases, and held that bail is not to be denied merely on that basis. Conditions (bond, sureties with ID checks, daily police reporting) ensure compliance with judicial safeguards. |
| Judgments Relied Upon | P.K. Shaji v. State of Kerala [(2005) 13 SCC 283] |
| Logic / Jurisprudence / Authorities Relied Upon | Discretionary nature of inherent powers under Section 483 BNS 2023; principle that bail is the rule and jail the exception. |
| Facts as Summarised by the Court | Petitioner and an accomplice allegedly waylaid the complainant and robbed ₹480 at knifepoint; arrested on 28 Jul 2025; two pending cases against petitioner. |
| Citations | (2005) 13 SCC 283 |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts under Madras High Court jurisdiction |
| Persuasive For | Other High Courts |
| Follows | P.K. Shaji v. State of Kerala [(2005) 13 SCC 283] |
What’s New / What Lawyers Should Note
- Confirms that non-heinous robbery involving a nominal amount (₹480) can attract bail under Section 483 BNS 2023.
- Reaffirms that prior pending criminal cases alone do not automatically disqualify a bail applicant under BNS 2023.
- Mandates surety verification: photographs, thumb impressions, and identity proof under Judicial Form No. 46.
- Endorses daily police reporting as a valid condition to secure attendance and compliance.
- Highlights the continued applicability of P.K. Shaji v. State of Kerala when imposing bail conditions.
Summary of Legal Reasoning
- The petitioner was arrested and remanded (28 Jul 2025) for robbery under multiple sections of BNS 2023.
- The State opposed bail, citing the petitioner’s two pending cases.
- The Court noted the principle—bail is the rule, jail the exception—and invoked its inherent power under Section 483 BNS 2023.
- Reliance placed on P.K. Shaji v. State of Kerala for the propriety of imposing stringent bail conditions.
- Given the modest amount involved and absence of societal impact, bail granted on ₹10,000 bond with two sureties; conditions: surety verification, daily police reporting, and clause for re-FIR under Section 269 BNS 2023 upon absconsion.
Arguments by the Parties
Petitioner
- Sought enlargement on bail under Section 483 BNS 2023.
Respondent (State)
- Opposed bail: petitioner has two pending criminal cases.
Factual Background
Irfan was arrested on 28 July 2025 and remanded for offences under Sections 126(2), 296(b), 115(2), 125, 309(4), 311 & 351(3) of the BNS 2023. The prosecution alleged he and another waylaid the complainant and robbed ₹480 at knife-point. Bail petition filed in Madras High Court on 21 August 2025.
Statutory Analysis
- Section 483 BNS 2023: empowers High Court to entertain bail applications where no statutory right to bail exists, imposing conditions as necessary.
- Section 269 BNS 2023: fresh FIR may be registered if the accused absconds post-bail.
Procedural Innovations
- Orders when uploaded on the High Court website are watermarked and include a QR code; certified hard copies not required for execution.
Alert Indicators
- Precedent Followed
Citations
- P.K. Shaji v. State of Kerala, (2005) 13 SCC 283
- Bharatiya Nagarik Suraksha Sanhita, 2023: Sections 126, 269, 296, 309, 311, 115, 125, 351, 483