1. Application for anticipatory bail — Rejection of application — Grant of interim protection against coercive steps. (Para 4 , 6 , 7 , 8 , 9 )
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2023 Supreme(SC) 1319
SUPREME COURT OF INDIA
B.R. GAVAI, J.B. PARDIWALA, JJ.
State of Uttar Pradesh – Appellant
Versus
Mohd. Afzal & Ors. – Respondents
Criminal Appeal No. 2005 of 2023
Decided On : 18-07-2023
Important Points
The Supreme Court held that it is self-contradictory for a court to reject an application for anticipatory bail while simultaneously granting interim protection against coercive steps. Such contradictory directions are unsustainable and were consequently quashed.
Subject
Criminal Law - Anticipatory Bail
Headnote
(A) Anticipatory Bail - The High Court's conflicting orders - The respondents, termed as hardened criminals, applied for anticipatory bail, which was rejected by the High Court; however, the same judge granted two months of interim protection, creating self-contradictory orders. (Paras 6, 10)
(B) Judicial Inconsistency - Courts must ensure that orders are coherent and do not contradict one another in terms of legal effect. (Para 10)
Facts of the case:
The respondents applied for anticipatory bail which was opposed by the State, citing their criminal history. The High Court rejected the bail yet, granted protection against coercive action for two months.
Findings of Court:
The conflicting orders of the High Court were inconsistent and created confusion regarding the legal stance on anticipatory bail.
Issues: The main issue was whether the High Court could provide contradictory rulings regarding anticipatory bail and interim protection.
Ratio Decidendi: The Supreme Court emphasized the need for judicial orders to be clear and consistent, quashing the contradictory part of the High Court's order that allowed interim protection after rejecting the bail.
Result: Appeal allowed; the conflicting order was quashed.
(B) Judicial Inconsistency - Courts must ensure that orders are coherent and do not contradict one another in terms of legal effect. (Para 10)
Facts of the case:
The respondents applied for anticipatory bail which was opposed by the State, citing their criminal history. The High Court rejected the bail yet, granted protection against coercive action for two months.
Findings of Court:
The conflicting orders of the High Court were inconsistent and created confusion regarding the legal stance on anticipatory bail.
Issues: The main issue was whether the High Court could provide contradictory rulings regarding anticipatory bail and interim protection.
Ratio Decidendi: The Supreme Court emphasized the need for judicial orders to be clear and consistent, quashing the contradictory part of the High Court's order that allowed interim protection after rejecting the bail.
Result: Appeal allowed; the conflicting order was quashed.
Legal Category Hierarchy
Advocates:
Advocate Appeared:
For the Appellant : Mr. Adesh Kr. Gill, Mr. Suraj Pal Singh, Mr. R.K. Raizada Sr. AAG, Punjab, Mr. Vishwa Pal Singh, Mr. Shubham Saxena
For the Respondent: Mr. Mohd. Zahid Hussain, Mr. Camran Iqbal, Mr. Comred Iqbal, Mr. Anupam Mishra
Advocate Appeared:
For the Appellant : Mr. Adesh Kr. Gill, Mr. Suraj Pal Singh, Mr. R.K. Raizada Sr. AAG, Punjab, Mr. Vishwa Pal Singh, Mr. Shubham Saxena
For the Respondent: Mr. Mohd. Zahid Hussain, Mr. Camran Iqbal, Mr. Comred Iqbal, Mr. Anupam Mishra
Table of Contents
2. Opposition to anticipatory bail — Criminal history — Issuance of look out notices. (Para 5 )
3. The High Court passed self-contradictory orders by rejecting the anticipatory bail application while simultaneously granting interim protection from coercive steps. (Para 3 , 10 )
4. An order rejecting anticipatory bail while granting interim protection against coercive steps is self-contradictory and legally unsustainable. (Para 10 )
5. Appeal allowed — Order granting interim protection against coercive steps quashed and set aside. (Para 11 , 12 )
6. Is it legally permissible for a court to reject an anticipatory bail application while granting interim protection from coercive steps?
No, such an order is self-contradictory. A court cannot find that an applicant is not entitled to anticipatory bail, reject the application, and yet grant protection against coercive steps in the same breath. (Para 10 )
ORDER :
1. Leave granted.
2. Heard learned counsel appearing for the parties.
3. We are amazed to see the order passed by the learned Single Judge of the High Court of Judicature at Allahabad.
4. The respondents-herein (applicant(s) before the High Court) had filed an application for grant of anticipatory bail.
5. The application was vehemently opposed by the learned counsel for the State on the ground that the respondents were hardened criminals having criminal history. He has also pointed out that against each of the respondents look out notices have also been issued.
6. Leaned Single Judge of the High Court, therefore, after hearing the parties, found that the respondents were not entitled for grant of anticipatory bail.
7. The Court, therefore, rejected the application for grant of anticipatory bail.
8. However, after the application was rejected, a motion was made on behalf of the respondent(s) that they would like to move an application for discharge.
9. The learned Single Judge of the High Court while rejecting an application for anticipatory bail, in the same breath granted them protection for a period of two months. He directed that no coercive steps be taken against the respondent(s) for a period of two months.
10. It is, thus, clear that self-contradictory orders have been passed by the High Court. On the one hand, the application for anticipatory bail is rejected and, on the other hand, the interim protection is granted for a period of two months.
11. In that view of the matter, we are inclined to allow this appeal. The second part of the order directing that no coercive steps shall be taken against the respondents for a period of two months is quashed and set aside.
12. Pending application(s), if any, stand(s) disposed of.
