SUKHWANT SINGH & ORS. versus STATE OF PUNJAB

SUKHWANT SINGH & ORS. versus STATE OF PUNJAB

Courts have inherent power to grant interim bail while considering regular bail applications, in view of the right to life and personal liberty under Article 21. The grant of interim bail is discretionary but the power exists; applications for interim bail should be considered immediately if the applicant surrenders before the court.

Parties
Petitioner: Sukhwant Singh & Ors.; Respondent: State of Punjab
Jurisdiction
India
Judgment Date
18 May 2009
Procedural Posture
SLP (criminal) / Order on Anticipatory Bail Application
Outcome
Appeal disposed of
Legal Topics
Anticipatory Bail, Interim Bail, Right to Life and Personal Liberty
Criminal Law Constitutional Law Anticipatory Bail Interim Bail Right to Life and Personal Liberty

Case Brief

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Parties

Sukhwant Singh & Ors.

Petitioner

State of Punjab

Respondent

Procedural Posture

SLP (criminal) / Order on Anticipatory Bail Application

Legal Issues

  1. 1 Whether the High Court erred in dismissing the application for anticipatory bail under section 438 of Cr.P.C.
  2. 2 Whether courts have inherent power to grant interim bail pending final disposal of bail applications

Ratio Decidendi

Courts have inherent power to grant interim bail while considering regular bail applications, in view of the right to life and personal liberty under Article 21. The grant of interim bail is discretionary but the power exists; applications for interim bail should be considered immediately if the applicant surrenders before the court.

Court Disposition

Appeal disposed of

Orders

  • Petitioners, if they surrender before the court concerned and make a prayer for grant of interim bail pending final disposal of the bail application, their application shall be considered and decided on the same day.
  • Petition disposed of with these observations.