2018 (9) TMI 2117 - SC - Indian Laws

Seeking grant of Bail - HELD THAT - The petitioner is allowed to appear before the Trial Court within two weeks from today - The petitioner shall then be at liberty to file a bail application, which will be considered by the Trial Court forthwith. Even if the application is rejected, the petitioner shall not be arrested for a period of 30 days in order to enable her to approach the higher forum. Application disposed off.

Summary

Issues Involved:
1. Challenge to the vires of Rule 18(3) of the Allahabad High Court Rules, 1952.
2. Granting of bail and continuation till disposal of the writ petition.
3. Permission for the petitioner to appear before the Trial Court within two weeks.
4. Provision for not arresting the petitioner for 30 days to enable approaching a higher forum.

Analysis:
1. The judgment addressed the challenge to the vires of Rule 18(3) of the Allahabad High Court Rules, 1952. The petitioner filed a Writ Petition in the Supreme Court challenging the said rule. The Court disposed of the Special Leave Petition in terms of an interim order dated 04.05.2018, which granted bail to the petitioner. The bail was to continue until the disposal of the writ petition challenging the rule.

2. Regarding the granting of bail, the Court allowed the petitioner to appear before the Trial Court within two weeks from the date of the order. The petitioner was given liberty to file a bail application, which the Trial Court was directed to consider promptly. Even if the bail application was rejected, the petitioner was not to be arrested for a period of 30 days. This provision was made to facilitate the petitioner's approach to a higher forum in case of rejection.

3. The judgment also mentioned a coordinate Bench order dated 11.07.2018 concerning relatives of the petitioner. Based on that order, the petitioner was permitted to appear before the Trial Court within a specified timeframe. This decision was made in conjunction with the disposal of the present application and the writ petition in question.

In conclusion, the judgment addressed multiple issues, including the challenge to a specific court rule, the granting of bail with conditions, and the procedural steps for the petitioner to follow before the Trial Court. The provisions made were aimed at ensuring fairness and access to justice for the petitioner involved in the case.