Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure 1973: s. 438 |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Code of Criminal Procedure, 1973: s. 438 – Anticipatory bail – Application under – Scope of – Held: Is limited to the cause of the concerned applicant, applying for grant of anticipatory bail in connection with offence already registered against him and apprehending his arrest in connection with such a case – Inquiry must be limited to the facts relevant and applicable to the concerned applicant who has come before the Court – No attempt should be made to inquire into matters pertaining to some third party much less beyond the scope of the complaint/FIR – High Court should exercise circumspection in dealing with the application only in respect of matters which are relevant to decide the application and not to over-state facts or other matters unrelated to the applicant before the Court – In the instant case, the order passed by the High Court keeping the application for anticipatory bail pending and issuing notice to third parties to appear before the Court, is impermissible – High Court exceeded its jurisdiction – Such a plea, if accepted, is fraught with the danger of allowing Sessions Court/High Court to transcend beyond the scope of application u/s. 438 – Thus, it was not open to the High Court in exercise of powers u/s. 438 to add third parties to the proceedings, who are neither necessary nor proper parties to the application. |
Judge | N/A |
Neutral Citation | 2022 INSC 1308 |
Petitioner | Subrata Roy Sahara |
Respondent | Pramod Kumar Saini & Ors. |
SCR | [2022] 7 S.C.R. 122 |
Judgement Date | 2022-07-14 |
Case Number | 955 |
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