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SUPREME COURT OF INDIA
M.R. Shah, A.S. Bopanna, JJ.
Leelavati Devi @ Leelawati & Anr. - Petitioner
Vs.
The State Of Uttar Pradesh - Respondent
Petitions for Special Leave to Appeal (Crl.) Nos. 3262 of 2021, IA No. 71552/2021
Decided On : 07-10-2021
| Table of Content |
|---|
| 1. representation of petitioner's counsel (Para 1) |
| 2. court's stance on anticipatory bail refusal (Para 2 , 3) |
| 3. disposal of special leave petition and communication to high court (Para 4 , 5 , 6) |
ORDER :
1. We have heard Shri Divyesh Pratap Singh, learned counsel appearing for the petitioners.
2. In the facts and circumstances of the case, we see no reason to allow the application of the petitioners for anticipatory bail. However, it is observed that as and when the regular bail application is made, the same may be decided and disposed of at the earliest and preferably within a period of 48 hours from filing such an application and serving a copy of the same on the learned Public Prosecutor.
3. Before parting, we are constrained to observe that the impugned order passed by the High Court insofar as passing the order that, in case the applicants appear and surrender before the Court within 90 days and apply for bail, and till then no coercive action shall be taken against the applicants is unsustainable and contrary to the decision of this Court in the case of M/s Neeharika Infrustructure Pvt. Ltd. vs. State of Maharashtra and Others , 2021 (5) Scale 610 . We deprecate such an order passed by the High Court. Once the High Court is of the opinion and so observed in the impugned order that the applicants are not entitled to be granted anticipatory bail and the offences alleged are made out from the allegations in the F.I.R., there was no question of granting further protection to the applicants/accused and that too for a period of 90 days and the order that no coercive action shall be taken for 90 days. Despite the judgment and order passed by this High Court in catena of decisions and, lastly, in the case of M/s Neeharika Infrustructure (supra) it is observed that many High Courts are passing such orders which are absolutely unsustainable and not tenable at law.
4. With this, the present Special Leave Petition is disposed of.
5. We direct the Registry to send and communicate this order to the Chief Justice of the Allahabad High Court so that this order can be circulated amongst all the Judges of the Allahabad High Court.
6. Pending applications, if any, also stand disposed of.
The Supreme Court emphasized the necessity of timely consideration of bail applications, balancing personal liberty with the requirement of merit-based decisions.
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.
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....
Bail/Anticipatory bail applications – Bail applications ought to be disposed of within a period of two weeks except if provisions mandate otherwise, with exception being an intervening application – ....
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 applications / bail applications – Such matters pertaining to personal liberty shall be taken up and decided at the earliest.
Anticipatory bail cannot be granted when prior applications have been rejected on merit and there has been non-compliance with Supreme Court directives without any change in circumstances.
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