Marshalling Of Prosecution Witnesses Not Permissible At Bail Stage: MP HC
🔹 Background
In criminal proceedings, when an accused applies for bail, courts need to decide whether to grant liberty pending trial.
The bail stage is not a trial; it is meant to assess the prima facie case and consider factors like likelihood of tampering, flight risk, or severity of offence.
Some prosecutions attempt to “marshalling” their witnesses at the bail stage to prove guilt prematurely.
🔹 Madhya Pradesh High Court Observations
Bail Stage vs Trial Stage
The MP High Court emphasized that bail proceedings are not a mini-trial.
Courts cannot allow detailed examination or cross-examination of witnesses at this stage to establish the prosecution case.
Marshalling of Prosecution Witnesses Not Permissible
“Marshalling” refers to presenting a structured chain of prosecution evidence to show guilt.
Court held that this cannot be done during bail proceedings, as it converts bail hearings into trial by ambush.
Focus on Prima Facie Case and Risk Factors
At bail stage, the Court must consider:
Whether there is a prima facie case;
Likelihood of accused tampering with evidence or witnesses;
Seriousness of the offence;
Past criminal record.
Full trial evidence or witness marshaling is not required.
Preventing Misuse of Bail Proceedings
If marshalling were allowed, prosecution could frustrate bail applications by presenting evidence piecemeal.
This principle safeguards Article 21 rights of the accused.
🔹 Relevant Case Laws
Gurbaksh Singh Sibbia v. State of Punjab (1980) 2 SCC 565
Supreme Court held that bail proceedings are not for full appreciation of evidence.
Court examines prima facie material, not detailed prosecution evidence.
State of Rajasthan v. Balchand (1977) 4 SCC 287
Bail cannot be refused merely because prosecution intends to call witnesses.
Examination of witnesses is meant for trial stage only.
Hussainara Khatoon v. Home Secretary (1979) 3 SCC 815
Highlighted personal liberty (Article 21) as paramount.
Courts must prevent unnecessary detention based on marshalled prosecution arguments.
MP High Court: NDPS Bail Cases (2022-2023)
Reaffirmed that marshalling prosecution witnesses at bail stage is impermissible.
Only prima facie case and custodial risk can be examined.
🔹 Key Takeaways
Bail hearings ≠ Trial: No detailed examination of witnesses is allowed.
Prosecution cannot marshall evidence to show guilt.
Focus at bail stage: prima facie material, seriousness of offence, risk of tampering or absconding.
Protects personal liberty: Ensures accused are not detained unnecessarily.
Judicial prudence: Courts maintain balance between prosecution interest and liberty of accused.
✅ In summary: The Madhya Pradesh High Court clarified that at bail stage, marshalling of prosecution witnesses is not permissible. Bail proceedings are meant for assessing prima facie case and custodial risks, not for detailed proof of guilt. This protects the accused’s Article 21 rights and prevents abuse of the bail process.
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