Wednesday 7 August 2024

Bombay HC: High court and Session court has inherent power to grant interim anticipatory bail after enactment of BNSS

 Thus, there is absolutely no need of further discussion in

respect of the power of the Session Court or of this Court with

regard to grant of ad interim relief pending application for bail

in anticipation of arrest. Such power clearly exists as inherent

power under the provision of grant of bail. However, it is also

clear that even while granting ad interim relief, there has to be a

subjective satisfaction of the Court and such ad interim relief

should be on certain conditions and not blanket. It is required to

be considered on the premise of Article 21 of the Constitution of

India which is clearly traceable with an intent to protect life and

liberty of a person and more particularly to avoid unnecessary

arrest as well as to avoid any harassment in the hands of

investigating agency. {Para 88}

91. In the case of Shail Kumari Devi (supra) the Apex

Court was dealing with the provisions of Section 125 of the

Cr.P.C. observed that when the Magistrate is having power to

grant maintenance, implied in it power to grant interim

maintenance. The reasons of such power is also discussed by the

Apex Court that if such interim maintenance is not granted, the

wife would not be able to sustain till the main order is passed,

without any financial aid. Such observations apply with full force

to the matter in hand. If in a deserving case, ad interim relief is

not granted and in the meantime the arrest is effected, certainly

the application would become infructuous and the Accused will

have to resort to regular bail procedure. Thus, though such

power exists, the same has to be used by exercising the discretion

on case to case basis.

92. In the case of Bhadresh (supra) the Apex Court

discussed in detail the principles and guidelines regarding grant

of Anticipatory Bail under Section 438 of Cr.P.C which shall

apply with equal force to the provisions of Section 482 of BNSS

since both these provisions are pari materia.

IN THE HIGH COURT OF BOMBAY AT GOA

CRIMINAL WRIT PETITION NO.618 OF 2024(F)

Chowgule and Company Pvt. Ltd. Vs  The Public Prosecutor,

 CORAM: BHARAT P. DESHPANDE, J.

PRONOUNCED ON: 02nd August, 2024.

Read full Judgment here: Click here.

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