Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Bail: Application seeking anticipatory bail |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Criminal Procedure, 1973 (2 of 1974) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Bail:Application seeking anticipatory bail – By appellant-accusedin FIR u/s. 22 and 29 of NDPS Act – On the ground of parity as thetwo co-accused were granted anticipatory bail by a co-ordinateBench – High Court by an interim order directed the accused tosurrender before Police to join investigation – Pursuant to interimorder the accused (including the petitioner) surrendered beforeSessions Court and were released on regular bail – High Court byfinal order rejecting the plea of parity and taking note of limitationsu/s. 37 of NDPS Act, dismissed the application of anticipatory bail– On appeal, Supreme Court noticing that orders granting bail tothe co-accused were without taking into notice s. 37 of NDPS Actwas apparently wrong, directed the State to verify as to whetherany step was being taken against that order – State challenged theorder granting anticipatory bail to the co-accused – Held: HighCourt rightly rejected the application seeking anticipatory bail ofappellant-accused – The order granting bail to the co-accused waswithout reference to s. 37 of NDPS Act and hence not correct –Sessions Court was also not correct in granting regular bail to theaccused on the basis of interim order passed by the High Court andwithout noticing the final order passed in respect of anticipatorybail – Code of Criminal Procedure, 1973 – ss. 438 and 439 –Narcotic Drugs and Psychotropic Substances Act, 1985 – s. 37.Anticipatory bail vis-a-vis regular bail – Held: Thesatisfaction of the Court for granting protection u/s. 438 Cr.P.C.(anticipatory bail) is different from the one u/s. 439 Cr.P.C. (regularbail) – Merely because an accused was under protection ofanticipatory bail does not entitle him automatically to regular bail– Code of Criminal Procedure, 1973 – ss. 438 and 439.Narcotic Drugs and Psychotropic Substances Act, 1985:s. 37 – Limitations under – For grant of bail – Held: Thestringent limitations on the discretion of Court to grant bail havebeen consciously put in view of the seriousness of offences – Theselimitations are in addition to those prescribed under Cr.P.C. or anyother law in force on the grant of bail – Bail. |
Judge | Hon'ble Mr. Justice Kurian Joseph |
Neutral Citation | 2018 INSC 277 |
Petitioner | Satpal Singh |
Respondent | The State Of Punjab |
SCR | [2018] 3 S.C.R. 739 |
Judgement Date | 2018-03-27 |
Case Number | 462 |
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