1. Petition for pre-arrest bail — Special Leave Petition. (Para 2 )
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2025 Supreme(SC) 1000
SUPREME COURT OF INDIA
Sandeep Mehta, Joymalya Bagchi, JJ.
Abhimanyu – Petitioner
Versus
The State of Haryana – Respondent
Petition(s) for Special Leave to Appeal (Crl.) No(s). 9292 of 2025
Decided On : 24-06-2025
Advocates Appeared:
For the Petitioner: Mr. Sunil Kumar Sharma, AOR, Mr. Hitesh Singh, Adv., Ms. Tanvi Munjal, Adv., Ms. Shivani, Adv.
For the Petitioner: Mr. Sunil Kumar Sharma, AOR, Mr. Hitesh Singh, Adv., Ms. Tanvi Munjal, Adv., Ms. Shivani, Adv.
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.
Headnote:(A) Criminal Procedure Code, 1973 - Section 438 - Pre-arrest bail - Petition for special leave to appeal dismissed - No grounds found to extend the indulgence of pre-arrest bail - Petitioner directed to surrender before the Trial Court within three weeks and file regular bail application. (Paras 2, 3)
(B) Bail - Consideration of merits - The regular bail application shall be considered and decided on its own merits in accordance with law, emphasizing the need for due process without prejudice to the police rights for custody remand. (Para 3)
Facts of the case:
The petitioner sought pre-arrest bail but was denied as no sufficient grounds were provided, and an order was issued for surrender to the Trial Court.
Findings of Court:
The court found no merit in the plea for pre-arrest bail and directed the petitioner to surrender, allowing for subsequent bail application.
Issues: The main issues revolved around the consideration for granting pre-arrest bail and the parameters for assessing a regular bail application.
Ratio Decidendi: The court held that the merits of the case did not justify pre-arrest bail, but the petitioner retains the right to apply for bail after surrendering.
Result: Special Leave Petition dismissed, petitioner required to surrender.
Legal Category Hierarchy
Table of Contents
2. Petitioner seeking indulgence of pre-arrest bail. (Para 1 , 2 )
3. Court declined to extend the indulgence of pre-arrest bail to the petitioner. (Para 2 )
4. Discretionary refusal of pre-arrest bail in a Special Leave Petition. (Para 2 )
5. Special Leave Petition dismissed — Petitioner directed to surrender and apply for regular bail. (Para 2 , 3 , 4 )
6. What is the procedure when a petition for pre-arrest bail is dismissed?
The court may direct the petitioner to surrender before the Trial Court and grant liberty to file a regular bail application, which is decided on its own merits. (Para 2 , 3 )
ORDER :
1. Heard learned counsel for the petitioner.
2. We are not inclined to extend the indulgence of pre-arrest bail to the petitioner. The Special Leave Petition is dismissed.
3. The petitioner shall surrender before the Trial Court within a period of three weeks from today and shall be at liberty to file a regular bail application, which shall be considered and decided on its own merits in accordance with law, without prejudice to the rights of the police to seek custody remand.
4. Pending application(s), if any, shall stand disposed of.
