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A. M. KHANWILKAR, J. B. PARDIWALA
Subrata Roy Sahara – Appellant
Versus
Pramod Kumar Saini – Respondent
JUDGMENT
1. Leave granted.
2. These appeals take exception to the judgment and orders dtd. 11/2/2022 and 27/4/2022 passed by the High Court of Judicature at Patna Allahabad in CRLM No. 8063/2021.
3. By these orders, the High Court while entertaining the application for grant of anticipatory bail filed by one Pramod Kumar Saini and other co-accused named in Complaint Case No. 1761 of 2016 went on to inquire into matters unrelated to the facts relevant for deciding the anticipatory bail application.
4. This Court vide order dtd. 13/5/2022, whilst issuing notice, observed thus: -
"Permission to file special leave petition(s) is granted.
It is urged that the private complaint filed by one Naresh Kumar Das, being Complaint Case No.1761/2016, is against accused persons named therein. The petitioner has not been named as an accused.
Further, the impugned order has been passed against the petitioner on an application for anticipatory bail filed by Pramod Kumar Saini, who has been named as accused no.4.
Issue notice, returnable on 19/5/2022. Dasti, in addition, is permitted.
Stay of operation of the impugned judgment and order qua the petitioner herein.
We are informed that pursuant to the impugn
The High Court's jurisdiction in dealing with the application for grant of anticipatory bail is limited to the cause of the concerned applicant, and it is not open to the High Court to add third part....
In private complaint cases, the police have no power to arrest without a warrant issued by the Magistrate. Courts acts exceeding jurisdiction by directing the accused to surrender when denying antici....
Police has no power to arrest accused in a complaint case unless there is a non-bailable warrant issued by that Court along with summons – If Magistrate orders Police inquiry under Section 202 and as....
The Supreme Court emphasized that anticipatory bail should not be misconstrued as a norm and cautioned against granting ad interim relief that essentially provides final outcomes pending full hearing....
The High Court retains discretion to entertain anticipatory bail applications directly, but encourages applicants to first approach the Sessions Court unless exceptional circumstances exist.
The High Court has concurrent jurisdiction with the Sessions Court to grant anticipatory bail but should generally require applicants to first seek relief from the Sessions Court unless exceptional c....
The High Court has the discretion to entertain or direct the applicant to first move the Court of Sessions for anticipatory bail, and special circumstances must exist to invoke the jurisdiction of th....
Application for grant of anticipatory bail directly in High Court without first approaching Sessions Court is certainly maintainable – However, if anticipatory bail applications are entertained in ea....
The High Court has discretion to require applicants to first approach the Sessions Court for anticipatory bail, emphasizing the importance of exhausting available remedies.
The High Court has concurrent jurisdiction with the Sessions Court to grant anticipatory bail, but should only entertain direct applications in exceptional circumstances.
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