Paridhi Arya
Published on June 22, 2022 at 14:54 IST
The Bench of Justice CT Ravikumar and Justice Sudhanshu Dhulia observed that merits need to be considered earliest where personal liberty is involved. The Bench stated that two months delay for passing anticipatory bail cannot be appreciated.
The SLP was filed against the order of Delhi High Court. The Petitioner had applied for the anticipatory bail in Delhi High Court in FIR registered under Sections 420/467/468/471/120-B/34 of IPC. The Delhi High Court issued notice in the matter.
The notice was received by APP on behalf of the state and seeks time to file status report. The Court granted the time of next hearing on August 31, 2022 without granting any protection till that time.
The Bench of Supreme Court observed that this SLP is actually bail application which was filed on May 24, 2022 in the Delhi High Court but no relief was granted by them passed on for the next hearing that is after two months.
The Court asserted, “We are of the considered view that in a matter involving personal liberty, the Court is expected to pass orders in one way or other taking into account the merits of the matter at the earliest.”
The Bench pointed out, “At any rate, posting an application for anticipatory bail after a couple of months cannot be appreciated.”
The Bench requested the High Court to dispose of this bail application within three weeks on merits and if not disposed than consider the relief demanded in the interlocutory application on merits.
The Bench disposed the SLP and held, “Till such time, we grant interim protection from arrest to the petitioner herein.”