NOOR AGHA vs State S — 2025 SCMR 1679 SUPREME-COURT

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NOOR AGHA VS State S. 497 (1), 4th proviso---Bail---Expressions "shall not be so released if there appear reasonable grounds for believing that he has been guilty of an offence punishable with death or imprisonment for life or imprisonment for ten years"---Terms "hardened, dangerous or desperate criminal"---Scope---Expression in 4thproviso to section 497(1), Cr.P.C. i.e hardened, dangerous or desperate criminal is distinct from the restriction on the power and discretion of a Court under section 497(1), Cr.P.C. not to release an accused on bail if there appears reasonable grounds for believing that the accused may be guilty of an offence punishable with death or imprisonment for life or for ten years---Such distinction highlights that the exception in 4th proviso to section 497(1), Cr.P.C. is not in the context of merits of the case i.e. forming an opinion whether reasonable grounds exist for believing that an accused may have been guilty of one of the offences specified by the Legislature---Bail may have been declined on merits in terms of forming an opinion under section 497(1), Cr.P.C. but if conditions specified under 3rdproviso to section 497(1), Cr.P.C. are met and the case does not attract one of the exceptions specifically mentioned in 4th proviso to section 497(1), Cr.P.C., then it entitles an accused to claim bail on the basis of statutory delay as a fresh and independent ground---Exception of being a hardened, desperate or dangerous criminal contains four distinct expressions---'Hardened, desperate or dangerous' have been used by the Legislature disjunctively and cannot be construed as conjunctive and they precede the expression 'criminal'---There must be sufficient material placed before Court by prosecution to enable it to form an opinion that if accused is released on bail under 3rd proviso to section 497(1), Cr.P.C. then there would be a substantial risk or it would be highly probable that he or she would cause serious harm to the society and its members because of being a hardened, dangerous or desperate criminal.

NOOR AGHA vs State S — 2025 SCMR 1679 SUPREME-COURT

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