Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Pre arrest bail right to personal liberty |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Code of Criminal Procedure, 1973: ss.41(a), 41(b), 41A - Object of — Held: Is to check arbitrary or unwarranted arrest and protect the right to personal liberty guaranteed u/Article 21 of the Constitution of India. s.438 — State of U.P. - Pre arrest bail - Grant of — Writ jurisdiction, if invokable — Held: s.438 has been specifically omitted and made inapplicable in the State of U.P. — Still, a party aggrieved against whom FIR is lodged and/or charge-sheet is filed in court can invoke the jurisdiction of High Court u/Article 226 of the Constitution for quashing of proceedings — The considerations, however which have to weigh with the High Court to decide as to whether such proceedings are to be quashed or not are entirely different than that of granting interim protection against the arrest — Since the grounds on which such an FIR or charge sheet can be quashed are limited, once the writ petition challenging the validity of FIR or charge-sheet is dismissed, the grant of relief, incidental in nature, against arrest would obviously not arise, even when a justifiable case for grant of anticipatory bail is made out — Though the High Courts have very wide powers u/Art.226, the very vastness of the powers imposes on it the responsibility to use them with circumspection and in accordance with the judicial consideration and well established principles, so much so that while entertaining writ petitions for granting interim protection from arrest, the Court would not go on to the extent of including the provision of anticipatory bail as a blanket provision — Thus, such a power has to be exercised very cautiously keeping in view, at the same time, that the provisions of Article 226 are a device to advance justice and not to frustrate it — Constitution of India, 1950 - Article 226.s.438 - Anticipatory bail - Purpose of - Discussed. |
Judge | Hon'ble Mr. Justice K.S. Panicker Radhakrishnan |
Neutral Citation | 2014 INSC 31 |
Petitioner | Km. Hema Mishra |
Respondent | State Of U.p. And Others |
SCR | [2014] 1 S.C.R. 465 |
Judgement Date | 2014-01-16 |
Case Number | 146 |
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