State v. Captain Jagjit Singh (1962) 3 SCR 622

State v. Captain Jagjit Singh, 1962

Introduction 

This landmark case of State v. Captain Jagjit Singh, 1962 deals with S.498 of the old CrPC, 1898 and S.439 of the prevailing CrPC, 1973 which provides a wide power to the High Court and Session Court for granting bail.

Facts

The respondent was prosecuted under conspiracy (S.120B IPC) and S.3&5 of the Official Secret Act. The allegation was that the respondent (Jagjit Singh) along with two others had disclosed some official secrets to a foreign agency. After an application for bail by the respondent was rejected by the Session Judge, the respondent went to the High Court under S.498 CrPC, 1898 for bail which had been granted on the considerations:-

1. The other two respondents were released on bail.
2. The trial was likely to take a long time.
3. The respondent was not likely to abscond.

Therefore the appellant came to this Court through an SLP.

Issue 

1. Whether the High Court was right in granting bail?

Observations

1. The High Court erred in its decision by granting bail without considering the nature of the offence.
2. Prima facie, the respondents were committed to the Court of Session for the offence u/s 3 of the Official Secret Act, which is non-bailable.
3. It is the duty of the Court to consider various points when asked for bail in a Non-bailable offence. 
1. Nature and Seriousness of the Offence
2. the character of evidence
3. Reasonable possibility of the presence of the accused
4. Effect on witness from his bail as protection of witnesses lies large national interest. 
4. Under Section 498 CRPC, the power of the High Court is wide, but it cannot grant bail in Non-bailable offences without satisfying the condition given above.
5. S.3, OSA provides for a punishment of up to fourteen years which shows the gravity and seriousness of the offence.
6. The case of the respondent is different from the other two persons as the respondent was in touch with a foreign agency, not the other two person

Conclusion 

In this case, the respondent was charged with conspiracy to disclose official secrets to a foreign agency. The Supreme Court observed that the power of HC is wide enough to grant bail under Section 498 but to grant bail in a Non-bailable offence the Court needs to consider various points as the seriousness of the offence, character of evidence etc,.