SC directs UP courts to grant interim bail in deserving cases

The Supreme Court has directed all the courts in Uttar Pradesh to grant interim bail in deserving cases in terms of the full bench judgment of Allahabad High Court in the Amravati vs State of UP case. Virtually substituting the powers of the court to grant interim bail in deserving cases in place of granting anticipatory bail for which there is no provision in UP, a Supreme Court bench comprising Justices Markendey Katju and V S Sirpurkar has observed counsel for appellant apprehends that the appellant Lal, Kamlendra, Pratap Singh will be arrested as there is no provision for anticipatory bail in UP. He placed reliance on a seven judge full bench judgment of Allahabad High Court that held that the court, if it deems fit in the facts and circumstances of the case, may grant interim bail pending final disposal of the bail application. The full bench also observed that arrest is not a must whenever an FIR of a cognizable offence is lodged. We fully agree with the view of the high court in Amravatis case, and we direct that the said decision be followed by all courts in UP in letter and spirit, particularly since the provision for anticipatory bail does not exist in UP. In appropriate cases interim bail should be granted pending disposal of the final bail application, since arrest and detention of a person can cause irreparable loss to a persons reputation, as held by this court in Joginder Kumars case. Also arrest is not a must in all cases of cognizable offences, and in deciding whether to arrest or not, the police officer must be guided and act according to the principles laid down in Joginder Kumars case. The apex court also directed let a copy of this judgment be sent to Registrar General of Allahabad High Court who will circulate it to all honorable judges of the High Court and send copies to all district judges in the state. The apex court, however, dismissed the appeal of the petitioner but granted time to appear before the trial court on or before April 15 next and to file an application for bail. The trial court will consider the bail application on merit in accordance with law and if it so deems fit, grant interim bail to appellant pending the final disposal of bail application. The petitioner is facing allegations of criminal cheating and forgery. The order was passed yesterday.

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