The Bombay High Court has held that while dealing with application under Section 482 of BNSS 2023, the Courts have the power to grant or refuse ad interim bail pending disposal of the main application.

The Bench of Justice Bharat P Deshpande further said that, "Such power clearly exists as inherent power under the provision of grant of bail. However, it is also clear that even while granting ad interim relief, there has to be a subjective satisfaction of the Court and such ad interim relief should be on certain conditions and not blanket. It is required to be considered on the premise of Article 21 of the Constitution of India which is clearly traceable with an intent to protect life and liberty of a person and more particularly to avoid unnecessary arrest as well as to avoid any harassment in the hands of investigating agency."

In the petitions, the Court considered the interpretation of the new law, ‘Bhartiya Nagarik Suraksha Sanhita 2023’ (BNSS 2023), particularly focusing on the repeal provision under Section 531. The Petitioners, a Private Limited Company, had filed a complaint against the Private Respondents, alleging offences under Sections 409, 420, 477A read with 120-B of the Indian Penal Code (IPC). The FIR was registered on June 14, 2024, by the Economic Offences Cell in Goa.

The Private Respondents sought anticipatory bail under Section 438 of the Criminal Procedure Code, 1973 (CrPC 1973) from the Sessions Court in Panaji on June 19, 2024. The Sessions Judge granted ad-interim bail on June 20, 2024, until June 24, 2024. The Petitioners opposed the bail application and raised objections about the court’s territorial jurisdiction. On July 5, 2024, the Sessions Court in Panaji upheld the Petitioners’ objection, stating it lacked jurisdiction but granted the Respondents protection for 72 hours.

Subsequently, on July 6, 2024, the Respondents applied for bail in the Sessions Court in South Goa, Margao. The court did not immediately extend interim protection but issued notices. The Petitioners intervened, and on July 8, 2024, the Sessions Court in Margao granted interim bail to the Respondents, which the Petitioners challenged.

The High Court observed that, "on registration of the FIR no.1/2024 on 14.06.2024 i.e. prior to the provisions of BNSS 2023 coming into force, the investigation began and was pending. Such pending investigation is clearly saved under the provisions of Section 531 of the BNSS 2023 as quoted above. Such investigation must conclude under the provisions of Cr.P.C., as if provisions of BNSS 2023 are not on the Statute Book or had not come into force."

Following the same, the Court came to the following conclusions:

(A) The investigation in the present FIR No 1/2024 filed before the Economic Offences Cell shall continue under the provision of Cr.P.C. 1973.

(B) Bail application filed on 06.07.2024 by the Respondent/Accused will have to be considered as application under Section 482 of BNSS 2023.

(C) The Court while dealing with application under Section 482 of BNSS 2023 is having power to grant or refuse ad interim bail pending disposal of the main application.

Cause Title: Chowgule and Company Pvt. Ltd. vs The Public Prosecutor & Ors. (Neutral Citation: 2024:BHC-GOA:1243)

Click here to read/download the Judgment


Bombay High CourtJustice Bharat P DeshpandeBNSS

Ananya Soni