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SUPREME COURT OF INDIA
Ajay Rastogi, B.V. Nagarathna, JJ.
Sunil Lora – Appellant
Versus
The State of Rajasthan – Respondent
Petition(s) for Special Leave to Appeal (Crl.) No(s). 5416 of 2022
Decided On : 02-05-2022
Bail - Dismissal of Special Leave Petition - Liberty to Renew Application - N/A - The court dismissed the Special Leave Petition but granted the petitioner the liberty to renew the bail application after the charges are framed. Pending application(s) stand disposed of.
Fact of the Case:
The court heard the petitioner's counsel and decided not to interfere with the impugned order at this stage. The petitioner was granted liberty to renew the bail application after the charges are framed.
Finding of the Court:
The court found no reason to interfere with the impugned order at this stage and dismissed the Special Leave Petition. However, the petitioner was granted the liberty to renew the bail application after the charges are framed.
Issues: The main issue was whether to interfere with the impugned order and grant the petitioner the liberty to renew the bail application after the charges are framed.
Ratio Decidendi: The court decided not to interfere with the impugned order at this stage but granted the petitioner the liberty to renew the bail application after the charges are framed.
Final Decision: The Special Leave Petition was dismissed with the liberty granted to the petitioner to renew the bail application after the charges are framed. Pending application(s) stand disposed of.
ORDER
1. We have heard the learned counsel for the petitioner and find no reason to interfere in the order impugned at this stage.
2. However, after the charges are framed, the petitioner is at liberty to renew his application for bail before the trial Court.
3. The Special Leave Petition is dismissed with the aforesaid liberty.
4. Pending application(s), if any, shall stand disposed of.
The court has the discretion to grant liberty to renew a bail application after charges are framed, even if the Special Leave Petition is dismissed.
Observations in the order granting bail should be construed only for the purpose of bail and should not affect the merits of the trial or be pressed in any other collateral proceedings.
The petitioner can file an application for early listing of the bail application before the High Court, and the High Court is urged to dispose of the bail application expeditiously.
The Supreme Court declined to interfere with the High Court's exercise of discretion in refusing to grant bail in a criminal proceeding.
The Supreme Court denied pre-arrest bail, emphasizing that the petitioner must surrender before the Trial Court and can later apply for bail on its own merits.
The petitioner can withdraw the bail application and file a fresh petition for bail after the chargesheet is filed.
Bail – Filing of fresh bail application, once an earlier bail application has been rejected or if granted and thereafter cancelled is a matter of right – Solely on the ground that Apex Court had not ....
Bail – Filing of fresh bail application, once an earlier bail application has been rejected or if granted and thereafter cancelled is a matter of right – Solely on the ground that Apex Court had not ....
Points Of Law : Accused has a right to hearing of his application for bail -In fact, denial of hearing is an infringement of right and liberty assured to an accused.
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