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Posting Anticipatory Bail Plea After 2 Months Can't Be Appreciated : Supreme Court Criticises High Court

Mehal Jain

22 Jun 2022 9:38 AM IST

    • Posting Anticipatory Bail Plea After 2 Months Cant Be Appreciated : Supreme Court Criticises High Court

    Stating that "in a matter involving personal liberty, the Court is expected to pass orders in one way or other taking into account the merits of the matter at the earliest", the Supreme Court has observed that "posting an application for anticipatory bail after a couple of months cannot be appreciated". The bench of Justices C. T. Ravikumar and Sudhanshu Dhulia was hearing an SLP against a June...

    Stating that "in a matter involving personal liberty, the Court is expected to pass orders in one way or other taking into account the merits of the matter at the earliest", the Supreme Court has observed that "posting an application for anticipatory bail after a couple of months cannot be appreciated". 

    The bench of Justices C. T. Ravikumar and Sudhanshu Dhulia was hearing an SLP against a June 2 decision of the Delhi High Court on a plea seeking anticipatory bail in a 2022 FIR under sections 420/467/468/471/120-B/34 IPC. "Issue notice. The learned APP for the state is present and accepts the notice and seeks time to file status report. Let the status report be filed by the state prior to the next date with an advance copy to the learned counsel for the petitioner. List on 31.08.2022", the High Court said in the impugned order.
    The bench of Justices Ravikumar and Dhulia noted that "the grievance of the petitioner in the captioned Special Leave Petition is that the application for anticipatory bail moved by him, being Crl. M.A. No. 11480 of 2022 in Bail Application No. 1751 of 2022 was posted to 31.08.2022 without granting any interim protection. The application for bail was moved on 24.05.2022."
    The bench asserted, "We are of the considered view that in a matter involving personal liberty, the Court is expected to pass orders in one way or other taking into account the merits of the matter at the earliest."
    The bench further declared, "At any rate, posting an application for anticipatory bail after a couple of months cannot be appreciated."
    The bench then proceeded to request the High Court to dispose off the application for anticipatory bail on its own merits and in accordance with law expeditiously, preferably within a period of three weeks after reopening of the Court. The bench has added that if the main application could not be disposed off, for any reason, within the stipulated time, relief sought for in the interlocutory application shall be considered on its own merits.
    Moreover, in disposing off the SLP, the bench directed in its order that, "Till such time, we grant interim protection from arrest to the petitioner herein."

    Case Title: SANJAY v. THE STATE (NCT OF DELHI) & ANR

    Citation : 2022 LiveLaw (SC) 555

    Code of Criminal Procedure 1978- Section 438 - Anticipatory Bail- Court is expected to pass orders in one way or other taking into account the merits of the matter at the earliest - Posting an application for anticipatory bail after a couple of months cannot be appreciated- Matter involves personal liberty


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    Tags
    Supreme CourtJustice CT RavikumarJustice Sudhanshu DhuliaAnticipatory Bail ApplicationAnticipatory BailPersonal liberty2022 LiveLaw (SC) 555
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