Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Anticipatory bail: High Court granted anticipatory bail to private respondents |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Anticipatory bail: High Court granted anticipatory bail to private respondents – Accusation against private respondents was that during relevant time, they were officials either with the Kerala Police or with the Intelligence Bureau and were involved in filing false cases of espionage against scientists of ISRO – Writ petition filed by one of the scientist seeking appropriate action against the police officers – Matter travelled upto Supreme Court – The Supreme Court constituted a committee headed by former judge of Supreme Court to take appropriate steps against erring officials – Pursuant to recommendations of the Committee, CBI registered present FIR against 18 accused persons including the private respondents – By impugned order, High Court granted anticipatory bail to the private respondents – Instant appeal by CBI – Held: While granting anticipatory bail to the private respondents-accused, High Court neither considered the allegations against the respective accused nor the role played by them nor the position held by them at the time of registering the FIR in the year 1994 nor the role played by them during the investigation of crime – High Court also did not take note of the recommendations made by the Committee headed by a former Judge of Supreme Court – Impugned judgment granting anticipatory bail to the private respondents-original accused is, therefore, quashed and set aside – Matters remitted to High Court to consider the anticipatory bail applications afresh and thereafter to pass appropriate orders in accordance with law. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2022 INSC 1243 |
Petitioner | Central Bureau Of Investigation |
Respondent | P.s. Jayaprakash Etc. Etc. |
SCR | [2022] S.C.R. 635 |
Judgement Date | 2022-12-02 |
Case Number | 2147 |
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