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Issues involved:
The petition against the rejection of anticipatory bail under Section 438 Cr.P.C. The Supreme Court, in a judgment delivered by Justices Markandey Katju and A.K. Patnaik, considered a petition filed against the High Court of Calcutta's decision to reject anticipatory bail for the petitioner. After reviewing the impugned judgment and record, the Court found no reason to grant anticipatory bail. However, the Court clarified that the petitioner could seek regular bail before the relevant Court and simultaneously apply for interim bail pending the final decision on the regular bail application. The Court emphasized that the power to grant regular bail inherently includes the authority to grant interim bail, especially in light of Article 21 of the Constitution of India, ensuring that a person should not be compelled to go to jail if they can establish their innocence prima facie. Therefore, if the petitioner applies for regular bail, an application for interim bail can be filed concurrently and must be decided on the same day as the regular bail application, pending the final decision on regular bail. The Court also directed that the Trial Court should decide the bail application independently, without being influenced by any observations made by the High Court in the impugned order. Ultimately, the special leave petition was disposed of in accordance with the aforementioned terms.
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