Showing posts with label ad interim anticipatory bail. Show all posts
Showing posts with label ad interim anticipatory bail. Show all posts

Friday, 29 May 2026

Bombay HC: The court can grant an interim bail under SC &ST Atrocities Act and simultaneously issue notice to Victim

There could be variety of situations and eventualities in which for the grant of relief it would become imperative for the court to pass an order without waiting for the service of notice to the informant/ victim. For example, prima facie case is not made out under the act and liberty of such individual is at stake. At various stages different orders are to be passed not affecting rights of the parties, etc. {Para 15}


16. In considered view of this court, appropriate interpretation to Section 15A(3) and (5) would be that right of parties involved in the proceedings cannot be decided finally without notice/hearing to the victim. This however would not take away power of the court to protect the liberty of person in appropriate cases keeping in mind the right under Article 21 of the Constitution.


17. Moreover, it is well settled principle that the prima facie observations made by the Court at interim stage are not binding on the same court while deciding the application finally. Hence, the Special Court is within is power to grant ad-interim bail and issue notice at the same instance.


18. The issue involved in this proceeding as recorded in Para 1 above is answered in affirmative. It is held that Special Court or High Court would have jurisdiction to grant ad-interim relief to protect liberty of applicant in appropriate cases and simultaneously issue notice to Victim/Informant for hearing of proceeding for its decision.

 IN THE HIGH COURT OF BOMBAY

Criminal Appeal No. 951 of 2025

Decided On: 27.02.2026

Sahil Ramesh Sonavane Vs. State of Maharashtra and Ors.

Hon'ble Judges/Coram:

R.M. Joshi, J.

Citation: 2026:BHC-AS:10270,MANU/MH/1970/2026

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Sunday, 15 June 2025

Latest supreme court judgment on anticipatory bail

IN THE SUPREME COURT OF INDIA

Criminal Appeal No. 5456 of 2024

Date of Order: 18.12.2024

Deepak Aggarwal Vs. Balwan Singh & Anr.

Hon'ble Judges/Coram:

J.B. Pardiwala and R. Mahadevan, JJ.

Citation: MANU/SCOR/146578/2024.

In this case Supreme court has established important guidelines for granting interim anticipatory bail. The bench comprising Justice J.B. Pardiwala and Justice R. Mahadevan laid down crucial principles:
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Sunday, 26 January 2025

Supreme Court: High court or Session court should not give ad-interim relief in the nature of final relief while issuing notice in application for Anticipatory bail

The High Court has issued notice to the State and has passed an ad-interim order which reads thus"- "In the meantime, the petitioner is directed to join the investigation. In the event of arrest, he shall be on ad interim bail to the satisfaction of the arresting/investigating officer subject to the conditions as provided under Section 482(2) of the BNNS, 2023." {Para 11}


12. We take notice of the fact that in all other connected matters the High Court has said that till the anticipatory bail applications are decided the accused persons shall not be arrested.


13. What weighed with us in issuing notice and staying the operation of the impugned order referred to above was the nature of the ad interim relief the High Court thought fit to grant. 

14. Ordinarily, when the High Court takes up anticipatory bail application for hearing it has three options. Either it may reject it on the very first day or it may issue notice to the State but would not grant any ad-interim protection or in a given case may issue notice and may even deem fit to grant appropriate protection. The aforesaid is of course the discretion of the Court concerned having regard to the merits of the matter. However, what we disapprove in the present case is the nature of the ad-interim relief granted. The same is practically in the nature of granting the final relief.


15. There is no point in asking the accused to go before the investigating officer pending the final disposal of the anticipatory bail application before the High Court and further saying that in the event of arrest he shall be released on ad-interim bail. Such ad-interim reliefs have their own legal implications.


16. We may remind the High Court of what this Court observed in the case of Srikant Upadhyay & Ors. v. State of Bihar & Anr., reported in 2024 INSC 202. We quote the relevant observations as under: "... A bare perusal of Section 438(1), Cr.PC, would reveal that taking into consideration the factors enumerated thereunder the Court may either reject the application forthwith or issue an interim order for the grant of anticipatory bail. The proviso thereunder would reveal that if the High Court or, the Court of Sessions, as the case may be, did not pass an interim order under this Section or has rejected the application for grant of anticipatory bail, it shall be open to an officer in-charge of a police station to arrest the person concerned without warrant, on the basis of the accusation apprehended in such application. In view of the proviso under Section 438(1), Cr.PC, it cannot be contended that if, at the stage of taking up the matter for consideration, the Court is not rejecting the application, it is bound to pass an interim order for the grant of anticipatory bail. In short, nothing prevents the court from adjourning such an application without passing an interim order. This question was considered in detail by a Single Bench of the High Court of Bombay, in the decision in Shrenik Jayantilal Jain and Anr. v. State of Maharashtra through EOW Unit II, Mumbai 2014 SCC Online Bom 549 and answered as above and we are in agreement with the view that in such cases, there will be no statutory inhibition for arrest. Hence, the appellants cannot be heard to contend that the application for anticipatory bail filed in November, 2022 could not have been adjourned without passing interim order....


We have already held that the power to grant anticipatory bail is an extraordinary power. Though in many cases it was held that bail is said to be a rule, it cannot, by any stretch of imagination, be said that anticipatory bail is the rule. It cannot be the rule and the question of its grant should be left to the cautious and judicious discretion by the Court depending on the facts and circumstances of each case. While called upon to exercise the said power, the Court concerned has to be very cautious as the grant of interim protection or protection to the accused in serious cases may lead to miscarriage of justice and may hamper the investigation to a great extent as it may sometimes lead to tampering or distraction of the evidence. We shall not be understood to have held that the Court shall not pass an interim protection pending consideration of such application as the Section is destined to safeguard the freedom of an individual against unwarranted arrest and we say that such orders shall be passed in eminently fit cases. At any rate, when warrant of arrest or proclamation is issued, the applicant is not entitled to invoke the extraordinary power. Certainly, this will not deprive the power of the Court to grant pre-arrest bail in extreme, exceptional cases in the interest of justice. ..." (Emphasis supplied)

IN THE SUPREME COURT OF INDIA

Criminal Appeal No. 5456 of 2024

Date of Order: 18.12.2024

Deepak Aggarwal Vs. Balwan Singh & Anr.

Hon'ble Judges/Coram:

J.B. Pardiwala and R. Mahadevan, JJ.

Citation: MANU/SCOR/146578/2024.

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