Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

Home Case Index All Cases Indian Laws Indian Laws + SC Indian Laws - 1996 (10) TMI SC This

  • Login
  • Referred In
  • Summary

Forgot password       New User/ Regiser

⇒ Register to get Live Demo



 

1996 (10) TMI 519 - SC - Indian Laws

Issues involved:
The judgment deals with the legality of orders made by a Single Judge of the Delhi High Court regarding anticipatory bail and the requirement of sanction under Section 197 of the Criminal Procedure Code.

Anticipatory Bail Order:
The Single Judge's order directed that accused persons be released on bail upon arrest, with specific conditions, and that the bail would be in force until a certain date. The Supreme Court emphasized the limited duration of anticipatory bail and the need for regular court involvement in deciding bail applications.

Requirement of Sanction under Section 197:
Regarding the question of whether sanction under Section 197 of the Code was necessary for taking cognizance of the offense by a public servant, the Supreme Court held that further proceedings in the trial court should be stayed until the High Court decides on this issue. The Court clarified the duration of anticipatory bail until the regular court decides on the bail application and for a week thereafter.

Court's Decision:
The Supreme Court found that the High Court should have stayed proceedings pending the decision on the requirement of sanction under Section 197. The Court highlighted the importance of limited duration for anticipatory bail and the involvement of the regular court in deciding bail applications. The judgment emphasized that anticipatory bail does not continue until the end of the trial and should be of a limited duration based on the circumstances of the case.

 

 

 

 

Quick Updates:Latest Updates