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(4). However, the petitioner may apply for regular bail before the Court concerned and alongwith the said application, he may file an application for interim bail pending disposal of the regular bail application. We have made it clear on a number of occasions that the power to grant regular bail includes the power to grant interim bail pending final disposal of the regular bail application.

This power is inherent in the power to grant bail, particularly in view of Article 21 of the Constitution of India. We are of the .

opinion that in view of Article 21 of the Constitution, a person should not be compelled to go to jail if he can establish prima facie that in the facts of the case he is innocent. (5). Hence, if the present petitioner applies for regular bail before the Court concerned, he may also file an application for interim bail alongwith the same, which application shall be decided on the same day on which it is filed, pending final disposal of the regular bail application.

(2). However, following the decision of this Court in the case of Kamlendra Pratap Singh v. State of U.P. and Ors., we reiterate that a Court hearing a regular bail application has got inherent power to grant interim bail pending final disposal of the bail application. In our opinion, this is the proper view in view of Article 21 of the Constitution of India which protects the life and liberty of every person.

609. Hence, we are of the opinion that in the power to grant bail there is inherent power in the court concerned to grant interim bail to a person pending final disposal of the bail application. Of course, it is in the discretion of the court concerned to grant interim bail or not but the power is certainly there.

(4). In the present case, if the petitioners surrender before the Court concerned and makes a prayer for grant of interim bail pending final disposal of the bail application, the same shall be considered and decided on the same day.