Greeva Garg–
Published on August 06, 2021 at 11:16 AM
Supreme Court has asked the State Government of Uttar Pradesh to file a rejoinder in response to the counter affidavit filed by the respondent-accused against the Special Leave Petition (SLP) by State Government in the challenge against Anticipatory Bail.
The matter is about the Anticipatory Bail granted by the Allahabad High Court to an alleged con-man on the ground of apprehension of death due to Covid-19.
The Supreme Court stated that “They may consider the question whether the anticipatory bail was rightly granted or not.”
Supreme Court asked the Solicitor General of India, Tushar Mehta, to file a rejoinder within ten days. The Court also expressed the view to hear respondent-accused before making the final decision.
A division bench comprising of Justice Vineet Saran and Justice Dinesh Maheshwari were hearing the SLP by the State Government of UP, against the order of Allahabad High Court, where the single bench granted Anticipatory Bail to the accused stating that “The apprehension to life in the current scenario is a ground for grant of anticipatory bail to accused for a limited period till January 3, 2022.”
The accused was arrested under Section 420, 467, 468, 471, 506, 406 of the Indian Penal Code.
During the hearing of SLP in the Supreme Court, SG Tushar Mehta contended that “The only ground for the grant of anticipatory bail was the likelihood of death on account of the COVID pandemic. The High Court was not examining the merits. Supreme Court may consider setting aside the order on this ground alone. And let the High Court go into the merits.”
Earlier the State Government of UP moved to the Supreme Court against the Allahabad High Court order granting anticipatory bail on May 18.
In the next proceeding on May 25, notice was issued to the respondent on SLP directing that in case the respondent does not appear on the next date of hearing, it will be considered to be a good ground for cancellation of Anticipatory Bail granted by the High Court.
Click here to Read/Download the Order
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