Skip to content
  • Facebook
  • X
  • Linkedin
  • WhatsApp
  • Associate Journalism
  • About Us
  • Privacy Policy
  • 033-46046046
  • editor@artifex.news
Artifex.News

Artifex.News

Stay Connected. Stay Informed.

  • Breaking News
  • World
  • Nation
  • Sports
  • Business
  • Science
  • Entertainment
  • Lifestyle
  • Toggle search form
  • 5 Points On India’s New Warship Nation
  • Glycemic index of diets: importance beyond diabetes control Science
  • Political Explosion Will Disintegrate Trinamool Soon, Predicts BJP Leader Suvendu Adhikari Nation
  • Deserves “Oscar”: Sunil Gavaskar’s Mega Comment On Viral Virat Kohli-Gautam Gambhir Hug In IPL Game Sports
  • Asia Cup 2023: “It’s A Tough Match” – Shashi Tharoor Predicts India vs Pakistan Game Result Sports
  • U.S. military targets Houthi radar sites in Yemen after a merchant sailor goes missing World
  • ‘Aakrosh’ Film Producer Duped Of Rs 10.35 Lakh By Domestic Help In Mumbai Nation
  • Six feared dead in landslides in China’s Fujian province, CCTV says World

Pending Anticipatory Bail Petition No Bar For Ordering Property Attachment: Supreme Court

Posted on March 14, 2024 By admin


The bench said granting anticipatory bail should be left to the cautious discretion of the court.

New Delhi:

The pendency of an anticipatory bail application does not bar a trial court from proceeding with steps for issuing proclamation notice and ordering attachment of properties of an accused who is on the run, the Supreme Court said on Thursday.

While observing that the power to grant anticipatory bail is an “extraordinary power”, the Supreme Court noted though it was held in many cases that bail is a rule, it cannot be said that “anticipatory bail is the rule”.

A bench of Justices C T Ravikumar and Sanjay Kumar said the question of grant of anticipatory bail should be left to the cautious and judicious discretion of the court depending on the facts and circumstances of each case.

“While called upon to exercise the said power, the court concerned has to be very cautious as the grant of interim protection or protection to the accused in serious cases may lead to miscarriage of justice and may hamper the investigation to a great extent as it may sometimes lead to tampering or distraction of the evidence,” the bench said in its verdict.

The top court delivered its judgment on an appeal against an order of the Patna High Court which had dismissed the anticipatory bail application filed by the appellants in connection with an FIR lodged for the alleged offences under various provisions of the Indian Penal Code and the Prevention of Witch (Daain) Practices Act, 1999.

The bench said, “We shall not be understood to have held that the court shall not pass an interim protection pending consideration of such application as the section is destined to safeguard the freedom of an individual against unwarranted arrest and we say that such orders shall be passed in eminently fit cases.”

It said when warrant of arrest or proclamation is issued, the applicant is not entitled to invoke the extraordinary power.

“Certainly, this will not deprive the power of the court to grant pre-arrest bail in extreme, exceptional cases in the interest of justice. But then, person(s) continuously defying orders and keeping absconding is not entitled to such grant,” the bench said.

“In other words, it is made clear that in the absence of any interim order, pendency of an application for anticipatory bail shall not bar the trial court in issuing/proceeding with steps for proclamation and in taking steps under section 83 CrPC in accordance with law,” it said.

Section 83 of the Code of Criminal Procedure (CrPC) deals with attachment of property of accused who is on the run.

“We have already held that the power to grant anticipatory bail is an extraordinary power. Though in many cases it was held that bail is said to be a rule, it cannot, by any stretch of imagination, be said that anticipatory bail is the rule,” the bench said.

Referring to the facts of the case, the Supreme Court said they reveal consistent disobedience of the appellants to comply with the orders of the trial court.

While dismissing their appeals, it said the conduct of the appellants does not entitle them to seek the benefit of pre-arrest bail.

(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)



Source link

Nation Tags:Anticipatory Bail, Property Attachment, Supreme Court

Post navigation

Previous Post: “Need To Work On My Mistakes”: PV Sindhu After Getting Knocked Out Of All England Badminton
Next Post: Top 10 Recommendations Of Ex-President Ram Nath Kovind-Led Panel On Simultaneous Polls

Related Posts

  • India’s Longest Bridge Fires Up Political Debate Ahead Of Voting In Assam Nation
  • 5 Facts About Nishikant Dubey, BJP’s Candidate From Jharkhand’s Godda Nation
  • Price Band, Date And Other Details Nation
  • ‘India@75’ Special Parliament Session Begins Today: 10 Facts Nation
  • Noida Issues Traffic Advisory Ahead Of Resurfacing Work On Elevated Flyover Nation
  • Ex-Senior Cop’s Claims About Telangana Phone-Tap Case, KCR’s Party’s Role Nation

More Related Articles

S Jaishankar On Border Row Nation
Swati Maliwal Alleges CCTV Footage Tampering At Chief Minister Arvind Kejriwal’s House Nation
Video Claiming PM Referred To ‘Panj Pyare’ As His Uncle Is Fake Nation
After Himachal, Congress Jolted In Assam As Working President Quits, May Join BJP Nation
Meri Mati Mera Desh-Amrit Kalash Yatra In Delhi Today, Traffic Advisory Here Nation
North India To Reel Under Heatwave Tomorrow: Weather Office Nation
SiteLock

Archives

  • July 2024
  • June 2024
  • May 2024
  • April 2024
  • March 2024
  • February 2024
  • January 2024
  • December 2023
  • November 2023
  • October 2023
  • September 2023
  • August 2023
  • July 2023
  • June 2023
  • May 2023
  • April 2023
  • March 2023
  • February 2023
  • January 2023
  • December 2022
  • November 2022
  • October 2022
  • September 2022
  • August 2022
  • July 2022
  • June 2022
  • May 2022

Categories

  • Business
  • Nation
  • Science
  • Sports
  • World

Recent Posts

  • Spain Introduces ‘Porn Passport’ To Watch Adult Content Online. Here’s Why
  • “I’m Preparing The Hardik Pandya Role”: Young IPL Star Opens Up On Team India Opportunity
  • Chardham Yatra On Hold Amid Rain Alert, Pilgrims Urged Not To Start From Rishikesh
  • Bronny James, LeBron James’ Son, Loses First Los Angeles Lakers Match
  • Carlos Alcaraz And Jannik Sinner Aim For Wimbledon Quarter-Finals

Recent Comments

  1. GkJwRWEAbS on UP Teacher Who Asked Students To Slap Muslim Classmate
  2. xreDavBVnbGqQA on UP Teacher Who Asked Students To Slap Muslim Classmate
  3. aANVRzfUdmyb on UP Teacher Who Asked Students To Slap Muslim Classmate
  4. YQCyszVBmIP on UP Teacher Who Asked Students To Slap Muslim Classmate
  5. aiXothgwe on UP Teacher Who Asked Students To Slap Muslim Classmate
  • India’s Predicted XI vs Bangladesh, T20 World Cup: Time Up For Shivam Dube? Sports
  • Zelenskyy replaces defence minister, Russian drones hit Ukraine port World
  • Supreme Court Adjourns Krishna Janmabhoomi Land Case To November 10 Nation
  • Donald Trump Co-Defendant In Georgia Election Conspiracy Trial Pleads Guilty World
  • ‘Job-eater BJP’, says Mamata after court scraps recruitment Nation
  • Drought dents Sri Lanka’s economic hopes, farmers’ livelihood World
  • Srinagar-Jammu Highway Hit By Massive Landslide After Heavy Rain Nation
  • GST Collection Rises 10% To Over Rs 1.62 Lakh Crore In September 2023 Business

Editor-in-Chief:
Mohammad Ariff,
MSW, MAJMC, BSW, DTL, CTS, CNM, CCR, CAL, RSL, ASOC.
editor@artifex.news

Associate Editors:
1. Zenellis R. Tuba,
zenelis@artifex.news
2. Haris Daniyel
daniyel@artifex.news

Photograher:
Rohan Das
rohan@artifex.news

Artifex.News offers Online Paid Internships to college students from India and Abroad. Interns will get a PRESS CARD and other online offers.
Send your CV (Subjectline: Paid Internship) to internship@artifex.news

Links:
Associate Journalism
About Us
Privacy Policy

News Links:
Breaking News
World
Nation
Sports
Business
Entertainment
Lifestyle

Registered Office:
72/A, Elliot Road, Kolkata - 700016
Tel: 033-22277777, 033-22172217
Email: office@artifex.news

Editorial Office / News Desk:
No. 13, Mezzanine Floor, Esplanade Metro Rail Station,
12 J. L. Nehru Road, Kolkata - 700069.
(Entry from Gate No. 5)
Tel: 033-46011099, 033-46046046
Email: editor@artifex.news

Copyright © 2023 Artifex.News Newsportal designed by Artifex Infotech.