9911796707
|
Home
Issues involved: Challenge to the dismissal of anticipatory bail application u/s 438 of Cr.P.C.
Summary: Issue 1: Challenge to dismissal of anticipatory bail application The petition was filed to challenge the judgment and order of a learned Single Judge of the High Court of Punjab & Haryana at Chandigarh, which dismissed the Application u/s 438 of the Cr.P.C. for grant of anticipatory bail. The Supreme Court, after hearing the arguments, declined to interfere with the impugned judgment and order. However, the Court reiterated that a Court hearing a regular bail application has the inherent power to grant interim bail pending final disposal of the bail application. This power is derived from Article 21 of the Constitution of India, which safeguards the life and liberty of every individual. The Court emphasized that a person's reputation is a valuable asset and is protected under Article 21, and therefore, the Court has the discretion to grant interim bail to prevent irreparable harm to the reputation of the applicant. Issue 2: Inherent power of the court to grant interim bail The Supreme Court held that there is inherent power in the court concerned to grant interim bail to a person pending final disposal of the bail application. While the decision to grant interim bail rests with the discretion of the court, the power to do so exists. In the present case, the Court stated that if the petitioners surrender before the Court concerned and request interim bail pending final disposal of the bail application, the same shall be considered and decided on the same day. With these observations, the petition was disposed of. This judgment highlights the Court's stance on the inherent power of the court to grant interim bail and the importance of protecting an individual's reputation while considering bail applications.
|
