Just a moment...
Convert scanned orders, printed notices, PDFs and images into clean, searchable, editable text within seconds. Starting at 2 Credits/page
Try Now →Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
Don't have an account? Register Here
Press 'Enter' after typing page number.
Issues: (i) whether the petitioner was entitled to anticipatory bail; (ii) whether, in an application for regular bail, the court could grant interim bail pending final disposal of the regular bail application.
Issue (i): whether the petitioner was entitled to anticipatory bail.
Analysis: The petition was directed against the rejection of anticipatory bail. The Court examined the impugned order and the record and found no reason to grant anticipatory bail. The request for pre-arrest protection was therefore declined.
Conclusion: Anticipatory bail was refused, against the petitioner.
Issue (ii): whether, in an application for regular bail, the court could grant interim bail pending final disposal of the regular bail application.
Analysis: The Court stated that the power to grant regular bail includes the power to grant interim bail pending final disposal of the regular bail application. This power was treated as inherent in the power to grant bail, having regard to Article 21 of the Constitution of India and the principle that a person should not be compelled to go to jail if prima facie innocence is shown.
Conclusion: Interim bail could be sought along with the regular bail application and was to be decided on the same day.
Final Conclusion: The petition was disposed of by declining anticipatory bail while leaving the petitioner free to pursue regular bail and interim bail relief before the competent court.
Ratio Decidendi: The power to grant regular bail includes the ancillary power to grant interim bail pending final disposal of the regular bail application, and anticipatory bail may be refused where the Court finds no reason to extend such pre-arrest protection.