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482. He submits that the Petitioners filed an application for intervention before the Session Judge at South Goa which is now kept for arguments and orders. However, allowing interim bail during pendency of main application is itself without jurisdiction.

13. Mr. Merchant would submit that there is no provision or scope under Section 482 of BNSS to grant any interim protection or any interim bail. Such protection cannot be inferred or looked WPCR.618.2024.F & WPCR.619.2024.F into when the Legislature in its full wisdom did not incorporate such provision of ad interim bail, though, it was available under Section 438 of Code of 1973. He submits that the intention of taking away such power has to be looked into and the Court cannot interpret what is not given under the said provision even by considering inherent power.

16. The main thrust of Mr. Merchant is on the entertainment of application under Section 438 of the Code of 1973 by the learned Sessions Court and by granting ad interim relief in terms of interim bail. While relying on various decisions on the interpretation as well as on the repeal of the provisions, he would submit that there is no question of reviving earlier orders which has been tried to be resorted by the learned Sessions Court. The intention of Legislature in BNSS 2023 clearly shows that there is no power to grant any interim bail. Even otherwise, when the application under Section 438 of the Code of 1973 is not maintainable, the learned Sessions Court was not empowered even to grant interim bail under the repealed provision.

POINT NO.3

75. Point No.3 involves the aspect of power to grant ad interim bail pending main application. Since while deciding point no. 2 it has been observed that the applications filed on 06.07.2024 shall be governed under the provisions of 482 of BNSS 2023, it has to be considered whether the Court while dealing under the provisions of Section 482 of BNSS is having power to grant ad interim bail. Mr. Merchant strongly contended that such power cannot be read into the provisions of Section 482 when it is not found therein. He would submit that the legislature with specific intent avoided to grant such a power to the Court with an object and purpose that the investigation must be concluded with a great speed and it is a fact that if such ad interim bail is granted, the investigating agency is unable to investigate the matter properly and the Accused persons would get an opportunity to destroy material evidence WPCR.618.2024.F & WPCR.619.2024.F

88. Thus, there is absolutely no need of further discussion in respect of the power of the Session Court or of this Court with regard to grant of ad interim relief pending application for bail in anticipation of arrest. Such power clearly exists as inherent power under the provision of grant of bail. However, it is also clear that even while granting ad interim relief, there has to be a subjective satisfaction of the Court and such ad interim relief should be on certain conditions and not blanket. It is required to WPCR.618.2024.F & WPCR.619.2024.F be considered on the premise of Article 21 of the Constitution of India which is clearly traceable with an intent to protect life and liberty of a person and more particularly to avoid unnecessary arrest as well as to avoid any harassment in the hands of investigating agency.