Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Interim bail |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Bail:Interim bail - Seven Judge Bench decision of Allahabad l High Court holding that a court, if it deems fit in the facts and circumstances of the case, may grant interim bail pending final disposal of the bail application, and that arrest is not a must whenever FIR of a cognizable offence is lodged - HELD: High Court's view approved - It is directed that the said decision be followed by all courts in UP. in letter and spirit, particularly since the provision for anticipatory bail does not exist in the State - In appropriate cases, interim bail should be granted pending disposal of the final bail application, since arrest and detention of a person can cause irreparable loss to his reputation -Also, arrest is not a must in all cases of cognizable offences, and in deciding whether to arrest a person or not, the police officer must act according to the principles laid down by Supreme Court - Since, charge sheet has been filed and cognizance has been taken, besides on the facts of the case, it is not a fit case for quashing the first information report - Precedent. Articles 226 and 136 - Prayer in writ petition for quashing FIR - Refused by High Court - HELD: On facts, it is not a fit case for quashing the FIR - Besides, charge-sheet has been filed and cognizance taken - However. writ petitioner is granted • time to appear before trial court and to file an application for I bail - If such an application is filed, trial court shall consider the same on its own merits in accordance with law, and if it so deems fit, grant interim bail to the applicant pending final B disposal of his bail application. |
Judge | Hon'ble Mr. Justice Markandey Katju Hon'ble Mr. Justice V.S. Sirpurkar |
Neutral Citation | 2009 INSC 386 |
Petitioner | Lal Kamlendra Pratap Singh |
Respondent | State Of U.p.& Ors. |
SCR | [2009] 4 S.C.R. 1027 |
Judgement Date | 2009-03-23 |
Case Number | 538 |
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