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Anticipatory bail _ Interim protection

Application for anticipatory bail u/s 438 of Cr.P.C. _ Word “either reject the application forthwith or issue an interim order for grant of anticipatory bail” is to be read with its subject and the verb which precedes and also proviso _ Phrase “either or” u/s 438 is not used to exclude the third possibility but the terminology creates two enabling situations in which the Court may pass order _ Not mandatory for the Court to decide immediately this way or that way _ Contention that Court has no power to adjourn the matter simpliciter not acceptable _ Court has a power to adjourn the application without granting interim protection in favour of the applicant-accused _ Judge may either pass interim order or may reject the application forthwith or may adjourn the matter only for a short period without passing any order. (See 2014 (6) LJSOFT 2)

Anticipatory bail _ Presence of accused _ Interim protection _ Presence of applicant-accused at the time of hearing _ As no interim protection was granted in favour of the applicant the Court cannot insist presence of applicant at the time of hearing of anticipatory bail applications _ Impugned order directing applicant to remain present without granting interim relief not sustainable. (See 2010 (9) LJSOFT (URC) 1)

Grant of anticipatory bail _ Court has power to grant interim protection when it comes to the conclusion that it is not possible to decide the case immediately and during such time appropriate interim orders can be passed _ Court not expected to direct the accused to remain present in court while exercising its power u/s 438(4) and, at the same time, not consider the application for interim relief _ Provisions of sections 438(1), (3) and (4), therefore have to be read together and they cannot be read in isolation _ Words ‘interest of justice’ used in section 438(4) means the interest not only of the prosecution but also of the accused of seeking fair and proper administration of criminal justice and giving a fair opportunity to the applicant-accused of securing substantive right which accrues in his favour by virtue of section 438 _ Learned Sessions Judge erred in directing the applicants to remain present in court without granting any interim protection. (See 2010 (2) LJSOFT 45)

Anticipatory bail _ Application pending before the Sessions Court _ Denial of interim protection by Sessions Court is contrary to the mandate provision u/s 438 of Cr.P.C. as applicable in the State of Maharashtra _ Applicant granted interim protection till the Application is decided by the Sessions Court. (See 2006 (1) LJSOFT 3)

Anticipatory bail _ Application pending before the Sessions Court _ Applicant seeking interim anticipatory bail _ Learned Judge is obliged to consider the request of applicants for Interim protection when the Statute specifically permits consideration thereof _ In deserving cases, it is the duty of the court to grant interim protection _ Applicant made the statement that he will remain present when the application for anticipatory bail is being considered and on such other dates to which it may be adjourned _ Applicant granted interim protection. (See 2006 (1) LJSOFT 2)

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Hind Hope Society visions a society based on the rule of law in which every individual, including the poor, marginalized and excluded, in particular women, children, peoples with disabilities, adivasis, and dalits, have access to justice and in which their human rights are respected and protected.