Case Note & Summary
The case involved a petition challenging the dismissal of an anticipatory bail application under Section 438 of the Code of Criminal Procedure, 1973 by a Single Judge of the High Court of Punjab & Haryana. The petitioners sought anticipatory bail but were denied by the High Court on 24.03.2009. The Supreme Court, while not inclined to interfere with the High Court's order, reiterated the inherent power of courts to grant interim bail pending the final disposal of a bail application. The court highlighted the importance of protecting an individual's reputation and liberty as enshrined in Article 21 of the Constitution. It stated that if the petitioners surrendered before the concerned court and requested interim bail, such a request should be considered and decided on the same day. The Supreme Court disposed of the petition with these observations.
Headnote
A) Criminal Procedure - Anticipatory Bail - Inherent Power to Grant Interim Bail - Code of Criminal Procedure, 1973, Section 438 - The court held that it possesses inherent power to grant interim bail pending the final disposal of a bail application, emphasizing the protection of life and liberty under Article 21 of the Constitution. The court noted that the reputation of a person is a valuable asset and should be protected during the bail process (Paras 1-2).
Issue of Consideration
Whether the court has the power to grant interim bail pending the final disposal of a bail application.
Final Decision
The Supreme Court upheld the dismissal of the anticipatory bail application but reiterated the inherent power of courts to grant interim bail pending final disposal of such applications.
Law Points
- Anticipatory bail
- Interim bail
- Article 21
- Inherent power of court
