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SUPREME COURT OF INDIA
Ajay Rastogi, B.V. Nagarathna, JJ.
Anil Vasantrao Deshmukh – Appellant
Versus
The State of Maharashtra & Anr. – Respondents
Petition(s) for Special Leave to Appeal (Crl.) No(s). 4440-4443 of 2022
Decided On : 31-05-2022
Bail Application - Post-Arrest Bail - The court observed that the petitioner can file an application for early listing of his bail application before the High Court and urged the High Court to dispose of the bail application expeditiously.
Fact of the Case:
The petitioner's post-arrest bail application was dismissed by the trial Court, and the petitioner sought early hearing of the pending bail application before the High Court.
Finding of the Court:
The court did not examine the issue on merits at this stage but allowed the petitioner to file an application for early listing of the bail application before the High Court.
Issues: Limited complaint about the delay in hearing the pending bail application before the High Court.
Ratio Decidendi: The petitioner is at liberty to file an application for early listing of his bail application, and the High Court is urged to dispose of the bail application expeditiously.
Final Decision: The Special Leave Petitions stand disposed of, and pending application(s), if any, shall stand disposed of.
ORDER
1. The limited complaint made by the petitioner for approaching this Court is that his post-arrest bail application which earlier came to be dismissed by the trial Court by an order dated 14.03.2022 has been filed before the High Court on 25.03.2022, although it was listed on few occasions but it appears that due to paucity of time it could not be heard.
2. Learned Senior Counsel for the petitioner submits that at least he needs indulgence of this Court for early hearing of his pending bail application before the High Court.
3. We are not examining the issue on merits at this stage. However, we consider it appropriate to observe that the petitioner is at liberty to file an application for early listing of his bail application (Criminal Bail Application no. 1021/2022). However, if such an application is filed, we hope and trust that the High Court will take the same on board and will dispose of the bail application as expeditiously as possible.
4. With these observations, the Special Leave Petitions stand disposed of.
5. Pending application(s), if any, shall stand disposed of.
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 court has the discretion to grant liberty to renew a bail application after charges are framed, even if the Special Leave Petition is dismissed.
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 ....
In matters involving personal liberty, expeditious consideration of applications for anticipatory bail is crucial, and interim protection may be granted until the main application is disposed of.
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.
An application for pre-arrest bail should typically be filed before the Sessions Court first, unless exceptional circumstances warrant a direct invocation of the High Court's jurisdiction.
Bail application dismissed for not approaching Sessions Court first; liberty granted to seek there.
An application for anticipatory bail before the High Court without first approaching the Sessions Court is generally not maintainable in the absence of exceptional circumstances.
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