Document Fragment View

Matching Fragments

(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.

(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.

or refusing interim bail is a Judicial function.

64. While granting interim bail, the rights of the victims, their families, the oppressed communities, the existence of reasonable grounds for believing that a person has committed an offence punishable with death or transportation for life, the gravity and heinous nature of the crime, the criminal history of the accused, as well as of the possibility of false implication, should always be gone into. Bail cannot be withheld merely as a punishment. One of the most significant considerations is the accused's conduct, which was not to abscond but voluntarily to surrender and submit herself to the majesty of Justice. Each case will have to be decided on the cumulative effect of all events put before the Court. However, there would be no justification in entering into a roving inquiry on either party's allegations.