Apex court endorses interim bail concept in Uttar Pradesh

NEW DELHI - The Supreme Court has directed all courts in Uttar Pradesh to consider granting interim bail to those seeking bail till their pleas on the matter have been decided.

The Supreme Court has directed that the judgement should be sent to all the courts in Uttar Pradesh.

It passed the direction while endorsing interim or provisional bail in the state as the state lacks the statutory provision for anticipatory bail, which allows a person, fearing arrest by police on suspicion of having committed a crime, to seek bail in advance.

A bench of Justice Markandey Katju and Justice V.S. Sirpurkar endorsed the concept of interim bail in Uttar Pradesh, mooted by a seven-judge bench of the Allahabad High Court, in one of its ruling in a criminal case in 2005.

Recalling the Allahabad High Court’s ruling in Amrawati case that mooted the idea of interim bail, the apex court bench noted: ‘The seven-judge bench of the high court had held that the court, if it deems fit, may grant interim bail pending fnal disposal of the regular bail plea.

‘The full bench (of the high court), relying upon the Supreme Court’s ruling in a 1994 case, also observed that arrest is not a must whenever a criminal case of cognizable offence is lodged,’ said the apex court bench.

Endorsing the Allahabad High Court’s concept of interim bail, the apex court said: ‘We fully agree with the view of the high court in Amrawati case and direct that the said decision be followed by all courts in Uttar Pradesh in letter and spirit, particularly since the provision of anticipatory bail does not exist in Uttar Pradesh.’

‘In appropriate cases, the interim bail should be granted pending disposal of the final bail application, since arrest and detention of a person can cause irreparable loss to his or her reputation,’ said the apex court bench.

The ruling came on a lawsuit by a Mahoba resident Lal Kamlendra Pratap Singh, facing arrest for his alleged role in a case of cheating and forgery.

He had moved the Allahabad High Court for scrapping of the criminal case registered against him on the grounds that the same was a false and fabricated case against him.

The high court, refusing to scrap the case against him, had directed him to appear before the trial court saying that if he does so the court would hear his bail plea expeditiously.

Singh had approached the apex court against the high court ruling. However, the apex court endorsed the high court ruling and asked him to surrender.

The apex court also directed the trial court to consider granting him interim bail till final disposal of his bail plea.

–Indo-Asian news Service



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