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B. V. NAGARATHNA, UJJAL BHUYAN
Priya Indoria – Appellant
Versus
State Of Karnataka And Ors. Etc. – Respondent
JUDGMENT :
NAGARATHNA, J.
Leave granted.
Bird’s Eye View of the Controversy:
2. We begin this Judgment by an illustration:
A person allegedly under intoxication beats another person with an iron rod in the State of Goa. The victim of the attack is injured. The alleged assailant travels to Rourkela, Odisha, where he is working in a factory. Meanwhile, the family of the injured registered a First Information Report (FIR) for the offence of causing grievous hurt under Section 326 of the Indian Penal Code (IPC) at the Bicholim Police Station, Goa. On coming to know about the same and apprehending his arrest, the alleged assailant files an application for anticipatory bail before the District and Sessions Judge, Sundargarh, Odisha, having jurisdiction over Rourkela. Whether the alleged assailant’s application is maintainable or not? Such a question has come for consideration before this Court in the present appeal.
Facts of the case:
2.1. The present appeals have been filed by the complainant-wife, against the orders dated 07.07.2022 passed by the learned Additional City Civil and Sessio
None of the cases listed explicitly indicate that they have been overruled, reversed, or treated as bad law. The provided excerpt from Priya Indoria v. ... references a previous case, State of Karnataka v. S., but does not specify that the latter case has been overruled or criticized. Without explicit language indicating negative treatment or invalidation, it is not possible to categorize any case as bad law based solely on the provided information.
[Followed]
None identified: The excerpt does not mention that any case has been explicitly followed, although the reference to State of Karnataka v. S. suggests reliance or citation, but without explicit confirmation.
[Distinguished]
None identified: There is no indication that any case was distinguished in subsequent rulings.
[Criticized or Questioned]
None identified: The excerpt does not show any case being criticized or questioned.
[Reversed or Overruled]
None identified: No explicit language indicates any case has been reversed or overruled.
[Emphasis or Cited]
Priya Indoria v. ... emphasizes the prior case (State of Karnataka v. S.), but this is not treatment as bad law; rather, it shows reliance or citation.
The treatment of State of Karnataka v. S. is not fully clarified in the excerpt. It is cited as a recent past decision in the context of a sanction order under the PC Act, but there is no indication whether it has been overruled, criticized, or upheld in subsequent rulings. The lack of explicit treatment language leaves this case’s status uncertain.
The case Priya Indoria v. ... itself does not provide enough information to determine its treatment or legal standing beyond its citation of the previous case.
In summary, based on the provided snippet, there are no clear indicators of any case being overruled, reversed, or treated as bad law. The analysis is limited by the brevity and lack of detailed treatment language in the list.]
**Source :** Fuleshwar Gope VS Union Of India - Supreme Court
Sec.438 of Cr.P.C reads as Direction for grant of bail to person apprehending arrest.
The court can grant anticipatory bail even when non-bailable warrants are issued, particularly when additional graver charges arise, emphasizing exceptional circumstances and process respect.
The main legal point established in the judgment is that temporary relief to protect liberty and to avoid immediate arrest can be granted by the court, even if the offence has occurred in another sta....
(1) Bail application – Speedy disposal – Bail and anticipatory applications must be decided expeditiously on their own merits, without relegating parties to a state of indefinite pendency – High Cour....
Anticipatory bail petitions are maintainable for offences with a penalty of up to seven years, and jurisdictional courts must adjudicate these applications rather than merely disposing them without c....
The main legal point established in the judgment is the need for appropriate directions to ensure that the accused's right to seek anticipatory bail is not frustrated when the application is rejected....
Anticipatory bail application – There is no restriction in text of Section 438 or scheme of Cr.P.C. precluding a person from seeking anticipatory bail in relation to an offence while being in custody....
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