Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Propriety of protective order regular bail Section 438 CrPC |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Criminal Procedure, 1973: s.438 – Anticipatory bail – Propriety of protective order after dismissal of anticipatory bail application – High Court while dismissing anticipatory bail application of the respondents-accused granted them 90 days to surrender before trial court to seek regular bail and granted them protection from coercive action for the said period – Aggrieved by such relief, instant appeal filed by the complainant – Held: A Court, be it a Sessions Court or a High Court, in certain special facts and circumstances may decide to grant anticipatory bail for a limited period of time – The Court must indicate its reasons for doing so, which would be assailable before a superior Court – In granting the relief for a period of 90 days, the Court has seemingly not considered the concerns of the investigating agency, complainant or the proviso under s.438(1) which necessitates that the Court pass such an exceptional discretionary protection order for the shortest duration that is reasonably required – A period of 90 days, or three months, cannot in any way be considered to be a reasonable one in the instant facts and circumstances – The resultant effect of the High Court’s orders is that neither are the respondents found entitled to pre-arrest bail, nor can they be arrested for a long duration – During the said duration, they can roam freely without being apprehensive of coercive action – Thus, High Court committed a grave error in passing such protection to the respondents-accused – Such a direction by the High Court exceeded its judicial discretion and would amount to judicial largesse, which the Courts do not possess. |
Judge | Honble Mr. Justice N.V. Ramana |
Neutral Citation | 2021 INSC 300 |
Petitioner | Nathu Singh |
Respondent | State Of Uttar Pradesh & Ors. |
SCR | [2021] 6 S.C.R. 599 |
Judgement Date | 2021-05-28 |
Case Number | 522 |
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