2009 (3) TMI 1042 - SC - Indian Laws

Summary

Issues Involved:
The appeal against the impugned Judgment of the Allahabad High Court in Criminal Miscellaneous Writ Petition No.13227/2007 for quashing the F.I.R. in case Crime No.1133/2007 under Sections 467,468,471,420,409 and 218 I.P.C., Police Station Mahoba, District Mahoba, U.P.

Judgment Summary:

The Supreme Court heard the counsel for the parties and granted leave to appeal against the impugned Judgment of the Allahabad High Court. The High Court had refused to quash the F.I.R. but directed that if the appellant surrenders within 10 days, his bail application will be considered and disposed of expeditiously. The appellant was aggrieved by this order and filed the appeal.

An interim order was passed by the Supreme Court directing that the petitioner shall not be arrested in the meanwhile. The State of U.P. informed the Court that a charge sheet had been filed, cognizance taken, and the case was pending before the trial Court. The State counsel submitted that the Court should not exercise discretion under Article 136 of the Constitution to quash the F.I.R.

The appellant's counsel expressed apprehension regarding the appellant's potential arrest due to the absence of anticipatory bail provision in U.P. He relied on a decision of the Allahabad High Court in Amaravati Vs. State of U.P. 2005 Crl.L.J 755, which allowed for interim bail in certain cases pending final disposal of the bail application. The Supreme Court agreed with the High Court's decision in Amaravati's case and directed all Courts in U.P. to follow it, emphasizing the importance of considering interim bail in appropriate cases to prevent irreparable harm to reputation.

Considering the charge sheet had been filed and cognizance taken, the Supreme Court held that this was not a suitable case for quashing the F.I.R. The appeal was dismissed, but the appellant was granted time to appear before the trial Court by a specified date to file a bail application. The trial Court was instructed to consider the bail application on its merits and grant interim bail if deemed fit.

The Supreme Court ordered a copy of the judgment to be sent to the Registrar General of the Allahabad High Court for circulation to all Hon'ble Judges of the High Court and District Judges in the State.