Cannot Grant Interim Protection To Accused While Rejecting Anticipatory Bail Plea : Supreme Court 'Amazed' At HC's Self-Contradictory Order

The Supreme Court set aside a High Court direction granting interim protection to accused while rejecting their anticipatory bail plea.

We are amazed to see the order passed by the learned Single Judge of the High Court of Judicature at Allahabad, the bench of Justices B R Gavai and J B Pardiwala observed.

In this case, the High Court while dismissing the anticipatory bail application filed by the accused, directed that no coercive steps be taken against the respondent(s) for a period of two months.

"It is, thus, clear that self-contradictory orders have been passed by the High Court. On the one hand, the application for anticipatory bail is rejected and, on the other hand, the interim protection is granted for a period of two months.", the court observed while setting aside the part of the order directing that no coercive steps shall be taken against the respondents for a period of two months.

In 2021, a three judges bench of the Supreme Court [in Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra ] had held that the High Court while dismissing/disposing of the quashing petition under Section 482 Cr.P.C and/or under Article 226 of the Constitution of India., shall not pass order of not to arrest and/or "no coercive steps" either during the investigation or till the investigation is completed and/or till the final report/chargesheet is filed under Section 173 Cr.P.C. 

Case details

State of Uttar Pradesh vs Mohd. Afzal | 2023 LiveLaw (SC) 566 | SLP(Crl.) No. 6740 of 2022

Headnotes

Code of Criminal Procedure, 1973 ; Section 428 - Anticipatory Bail - Self-contradictory orders passed by the High Court - On the one hand, the application for anticipatory bail is rejected and, on the other hand, the interim protection is granted for a period of two months - Appeal allowed and interim protection direction set aside.

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