SANDEEP MEHTA, JOYMALYA BAGCHI
Abhimanyu – Appellant
Versus
State of Haryana – Respondent
| Table of Content |
|---|
| 1. petitioner's request for bail. (Para 1) |
| 2. court's denial of bail application. (Para 2) |
| 3. direction for surrender and filing of bail application. (Para 3 , 4) |
ORDER :
2. We are not inclined to extend the indulgence of pre-arrest bail to the petitioner. The Special Leave Petition is dismissed.
4. Pending application(s), if any, shall stand disposed of.
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 court has the discretion to grant liberty to renew a bail application after charges are framed, even if the Special Leave Petition is dismissed.
The right to timely trial is fundamental, and prolonged pre-trial detention may necessitate bail to uphold judicial fairness.
A petitioner, once arrested and released on interim bail, is disqualified from seeking anticipatory bail if they fail to surrender after bail is rejected.
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.
Judicial discretion mandates timely consideration of bail applications to ensure justice and prevent undue coercive measures against the accused.
Non-compliance of Section 41(A) Cr.P.C and the Court's power to grant liberty to file regular bail application.
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