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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