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2009 Supreme(SC) 1116

MARKANDEY KATJU
Sukhwant Singh – Appellant
Versus
State of Punjab – Respondent


Advocates appeared:
For the Petitioners:Gautam Godara, Ravindra Keshavrao Adsure, Advocates. For the Respondent: ----

Judgment :

Heard learned counsel for the petitioners.

This petition has been filed challenging the judgment and order dated 24.03.2009 of a learned Single Judge of the High Court of Punjab & Haryana at Chandigarh whereby the Application under Section 438 of the Cr.P.C. for grant of anticipatory bail has been dismissed. We are not inclined to interfere with the impugned judgment and order. However, following the decision of this Court in the case of Kamlendra Pratap Singh Vs. State of U.P. & Ors. 2009(4) SCALE, 77, we reiterate that a Court hearing a regular bail application has got inherent power to grant interim bail pending final disposal of the bail application. In our opinion, this is the proper view in view of Article 21 of the Constitution of India which protects the life and liberty of every person. When a person applies for regular bail then the court concerned ordinarily lists that application after a few days so that it can look into the case diary which has to be obtained from the police authorities and in the meantime the applicant has to go to jail. Even if the applicant is released on bail thereafter, his reputation may be tarnished irreparably in society. The reputati



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