Supreme Court recalls interim order due to petitioner surrender, emphasizes custody status consideration for bail. The Supreme Court of India recalled an interim order in W.P.(Crl.) No. 184/2020 as the petitioner had already surrendered, rendering the relief redundant. ...
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Supreme Court recalls interim order due to petitioner surrender, emphasizes custody status consideration for bail.
The Supreme Court of India recalled an interim order in W.P.(Crl.) No. 184/2020 as the petitioner had already surrendered, rendering the relief redundant. The court granted liberty to the petitioner to seek bail before the appropriate court, emphasizing the significance of considering the petitioner's custody status when granting interim relief and affirming the right to apply for bail post-surrender.
Issues: Grant of bail, Recall of interim order, Liberty to apply for bail
In the judgment delivered by the Supreme Court of India, the bench comprising the Hon'ble Chief Justice, Hon'ble Mr. Justice A.S. Bopanna, and Hon'ble Mr. Justice V. Ramasubramanian addressed an application for grant of bail in W.P.(Crl.) No. 184/2020. The court noted that the applicant-petitioner had already surrendered, rendering the interim order/relief granted earlier redundant. The order preventing coercive steps was recalled as it was passed without considering the petitioner's custody status on the day of the order. Consequently, the petitioner was given liberty to seek bail before the appropriate court. The court disposed of the interlocutory application in light of these considerations. The judgment highlights the importance of factual circumstances in granting interim relief and the right of an applicant to apply for bail even after surrendering.
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