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PRASHANT KUMAR MISHRA, N. V. ANJARIA
Pardeep Kumar – Appellant
Versus
State of Punjab – Respondent
Key Points: - (!) Petitioner arrested on 02.08.2018 and released on interim bail until FSL report; interim bail cancelled after report in Jan 2025 and non-bailable warrant issued. [reference "1"] - (!) Once arrested and released on interim bail, the petitioner is in custody of the Court and must surrender immediately after rejection of interim bail. [reference "2"] - (!) Non-surrender after bail rejection disqualifies the petitioner from maintaining an anticipatory bail application. [reference "3"] - (!) Special Leave Petition is dismissed. [reference "4"] - (!) Pending applications, if any, shall stand disposed of. [reference "5"]
| Table of Content |
|---|
| 1. petitioner's arrest and bail status. (Para 1) |
| 2. petitioner's refusal to surrender affects bail application. (Para 2 , 3) |
| 3. final dismissal of the petition and disposal of applications. (Para 4 , 5) |
ORDER
1. The petitioner was arrested on 02.08.2018 and thereafter, he was released on interim bail till the FSL report was presented in the Court. After the FSL report was submitted in the Court in January, 2025, the interim bail granted to the petitioner was cancelled and non-bailable warrant was issued against him. Thereafter, the petitioner has moved an anticipatory bail application, which was dismissed by the Trial Court, and the High Court as well, under the impugned order.
2. In our considered view, once the petitioner was arrested and released on interim bail, technically, he is in custody of the Court and immediately, after rejection of his interim bail application, petitioner should have surrendered before the concerned Police or in Court.
3. At this point in time, the petitioner is not entitled to maintain an application for anticipatory bail because his non-surrender and consequent absconding dis-entitles him from applying for anticipatory bail, after once being
A petitioner, once arrested and released on interim bail, is disqualified from seeking anticipatory bail if they fail to surrender after bail is rejected.
In matters involving personal liberty, expeditious consideration of applications for anticipatory bail is crucial, and interim protection may be granted until the main application is disposed of.
The court determined that the bail application was moot due to absconding charges against the applicants.
Anticipatory bail applications / bail applications – Such matters pertaining to personal liberty shall be taken up and decided at the earliest.
Abuse of the process of the Court by filing subsequent/successive anticipatory bail applications without justification.
(1) Anticipatory bail petition – Once first anticipatory bail is denied without there being any change in fact situation, second application for same relief under Section 438 Cr.P.C. cannot be entert....
The Supreme Court emphasized the necessity of timely consideration of bail applications, balancing personal liberty with the requirement of merit-based decisions.
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