Case Note & Summary
The Supreme Court dealt with two writ petitions filed by the petitioner seeking interim bail in relation to multiple FIRs, particularly focusing on FIR No. 70 of 2020. The petitioner contended that he was facing 87 criminal cases, with 84 filed after the current government took power in 2017, alleging political vendetta. The petitioner had secured bail in 84 cases but faced delays in three others. The court noted that the petitioner was not named in FIR No. 70 of 2020, which was filed on 18 March 2020, and a chargesheet was submitted on 10 September 2020, implicating him only after a significant delay. The court highlighted the need for personal liberty and the implications of political motivations behind the FIRs. The court granted interim bail, directing the petitioner to file for regular bail within two weeks, while ensuring that the interim bail would continue until the regular bail application was decided. The court dismissed the other reliefs sought in the writ petition, emphasizing the need for the competent court to decide on the merits of the regular bail application without influence from the current order.
Headnote
A) Criminal Law - Interim Bail - Grant of Interim Bail - Code of Criminal Procedure, 1973, Section 173(8) - The court granted interim bail to the petitioner in FIR No. 70 of 2020, considering the peculiar facts of the case, including the delay in implicating the petitioner and the nature of allegations. The court emphasized the importance of personal liberty and the need for expeditious disposal of bail applications (Paras 24-26).
Issue of Consideration
Whether the petitioner is entitled to interim bail in light of the allegations and circumstances surrounding FIR No. 70 of 2020.
Final Decision
The Supreme Court partly allowed the writ petition, granting interim bail to the petitioner in FIR No. 70 of 2020, directing him to file for regular bail within two weeks, and ensuring the interim bail would continue until the regular bail application was decided.
Law Points
- Interim bail
- Political vendetta
- Personal liberty
- Charge sheet
- Criminal procedure
