Anticipatory bail isn’t limited- Supreme Court
The Supreme Court of India said on Thursday that anticipatory bail cannot be set for a short period of time while hearing an application for it.
A bench of Justices MR Shah and Sudhanshu Dhulia questioned, “How can an anticipatory bail be confined to four weeks?!”
The Calcutta High Court’s judgement granting lawmaker Monirul Islam anticipatory bail in 2021, with a four-week maximum, was being challenged in the appeal Monirul Islam filed.
When arguing against the High Court’s decision, the petitioner’s attorney said that the court had acknowledged that the FIR against the petitioner was lodged to settle political scores.
Since October 8, 2021, I am protected by an order. She added that the questioned FIR was filed two years after the offence.
“Mr. Counsel, have you heard anticipatory bail for a limited period?” the Bench questioned Senior Advocate Siddhartha Dave, who was representing the State.
Your Lordships have, however, also stated that it is possible. There has been a ruling from the Constitution Bench, Dave retorted.
When the High Court rules that an incarcerated interrogation is not necessary, what was the reason for placing him under house arrest for four weeks? The High Court had instructed him to turn himself up after four weeks. The Bench questioned, “Where is the issue of surrender here?
According to the senior attorney, the rationale might be because the claims in the case were fairly serious.
The Bench said, “Then the Court need not have entertained the anticipatory bail.”
“Just because you have anticipatory bail does not imply that ordinary bail application cannot be heard,” the court declared as the session went on. While we are giving you anticipatory relief, you must also submit a regular bail application, which will be evaluated in accordance with the law.
When the petitioner was arrested, the court modified the High Court’s ruling to allow for his release on bail. The Trial Court was tasked by the Court with setting bail requirements.
The Bench further directed that if the petitioner moved an application seeking regular bail, that should be considered on merits without being influenced by this order.
“However, at the same time, if the petitioner moves an appropriate application before the concerned Court for regular bail, it will be considered in accordance with law and on its own merits without being influenced by the grant of anticipatory bail. Till such application for bail is moved in four weeks from today, till then, the present order shall operate.”
Monirul Islam
vs.
The State of West Bengal
