J. B. PARDIWALA, R. MAHADEVAN
Deepak Aggarwal – Appellant
Versus
Balwan Singh – Respondent
| Table of Content |
|---|
| 1. common issues related to multiple petitions. (Para 1 , 2 , 4) |
| 2. challenge against high court's anticipatory bail order. (Para 5 , 6 , 10) |
| 3. the court discusses the nature and implications of the high court's ad-interim relief. (Para 7 , 11) |
| 4. court's disapproval of ad-interim relief types. (Para 13 , 14 , 15) |
| 5. clarification on law regarding anticipatory bail. (Para 16) |
| 6. directions for future hearing of bail applications. (Para 17 , 18 , 19) |
ORDER :
2. For the sake of convenience, the Special Leave Petition (Crl.) No.17504 of 2024 is treated as the lead matter. The order passed in this matter shall govern the disposal of the other connected petitions.
4. This appeal arises from the order passed by the High Court of Punjab and Hayana at Chandigarh dated 08.11.2024 in CRM-M No. 52981/2024 by which the High Court in an application seeking anticipatory bail in connection with FIR No. 239 dated 11.07.2024 registered with police station Sohna, District Gurugram, Haryana for the offences punishable under Sections 409 , 420, 467, 468, 471 and 120 B of the INDIAN PENAL CODE , 1860 and Sections 7 and 13(1) (b) of the Prevention of Corruption Act, 1988 (for short the “1988 Ac
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 need for expeditious disposal of bail applications and disapproval of the practice of dismissing interim relief.
The importance of expeditious disposal of anticipatory bail applications and the need to protect the valuable right of a person involved in matters concerning personal liberty.
Anticipatory bail petition – Court may either grant or decline bail – Court cannot ask why accused was not arrested.
Anticipatory bail – In serious matters, when High Court exercise its power of granting ad interim protection from arrest to accused, High Court is expected to record some reasons as to why it chooses....
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....
Anticipatory bail – Specious reason of change in circumstances cannot be invoked for successive anticipatory bail applications, once it is rejected by a speaking order and that too by same Judge.
Bail/Anticipatory bail – Grant of regular bail or anticipatory bail should not be subject to deposit of any amount.
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