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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
| 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 :
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.
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.
Non-compliance of Section 41(A) Cr.P.C and the Court's power to grant liberty to file regular bail application.
Exemption from surrendering in special leave petitions is only applicable when the petitioner has been sentenced to imprisonment, as per Order XXII Rule 5 of the Supreme Court Rules, 2013.
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