Rajiv Sinha, Press24 News, New Delhi.
Published by: Yogesh Sahu
Updated Fri, 28 May 2021 11:06 PM IST
The Supreme Court made this observation in the light of two orders of the Allahabad High Court, which rejected the anticipatory bail plea of the accused but granted protection from arrest for 90 days.
Listen to the news
A bench of Chief Justice NV Ramana, Justice Surya Kant and Justice Aniruddha Bose observed that the discretionary power of the court to grant anticipatory bail cannot be exercised in an unhindered manner.
The Supreme Court has said in its order that the court should take into consideration the statutory scheme. Such an order should take less care of the interests of the accused. It should take into account the concerns of the society and the investigating agency. Such an order should be logical.
The Supreme Court held that in certain exceptional circumstances the High Court may grant protection to the accused for some time even if the investigating agency has a reasonable reason for arresting the accused.
Saying this, the apex court has bypassed the two orders passed by the Allahabad High Court in which the anticipatory bail pleas of the accused were rejected but they were provided with protection from arrest for 90 days.
The Supreme Court has said that the High Court committed a grave error by providing such protection to the accused. The court said that the effect of these orders is in fact that the accused were not found entitled to anticipatory bail. At the same time, he also got relief from his arrest for a long time. That is, during this period the accused can move around without fear of penal action.
Disclaimer: This post has been auto-published from an agency/news feed without any modifications to the text and has not been reviewed by an editor.