MUKESH KISHANPURIA versus STATE OF WEST BENGAL

No reason was found to grant anticipatory bail, but the petitioner may apply for regular bail, including an interim bail application, which should be decided on the same day it is filed, applying the inherent power to grant interim bail within the power to grant bail, in light of Article 21 of the Constitution.

Parties: Petitioner: Mukesh Kishanpuria; Respondent: State of West Bengal
Jurisdiction: India
Judgment Date: 03 May 2010
Procedural Posture: Special Leave Petition (criminal) / Disposed
Outcome: special leave petition disposed of
Legal Topics: Anticipatory Bail, Interim Bail, Regular Bail

Criminal Law Anticipatory Bail Interim Bail Regular Bail

Case Brief

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Full judgment text Legal principles 2 Authorities cited 2 Party arguments 1

Parties

Mukesh Kishanpuria

Petitioner

State of West Bengal

Respondent

Procedural Posture

Special Leave Petition (criminal) / Disposed

Legal Issues

1 Whether anticipatory bail should be granted to the petitioner under section 438 Cr.P.C.
2 Whether the power to grant regular bail includes the power to grant interim bail pending disposal of the regular bail application.

Ratio Decidendi

Court Disposition

special leave petition disposed of

Orders

Petitioner may apply for regular bail before the Court concerned and may file an application for interim bail pending disposal of the regular bail application; the interim bail application shall be decided on the same day on which it is filed.
Trial Court shall decide the bail application uninfluenced by any observation made by the High Court in the impugned order.