Rational order necessary to provide protection from arrest while rejecting anticipatory bail: SC

Courts have the discretion to provide them with protection from arrest even in “exceptional circumstances” refusing to grant anticipatory bail, but the power cannot be exercised in an infallible manner, and the order would have to be rationalized, the Supreme Court ruled Friday. “We cannot be oblivious to the circumstances that the courts have to face… while dealing with anticipatory bail applications. Even when the court is not willing to grant anticipatory bail to an accused, there may be circumstances where the High Court is of the opinion that the person anticipating arrest is, for some time, under exceptional circumstances. Reason, it is necessary to protect him until he surrenders. Trial Court, “the bench of Chief Justice NV Ramana and Justices Suryakant and Anirudh Bose said. For example, the bench said,

In such exceptional circumstances, when a strict case is not made out for grant of anticipatory bail, but instead the case for custodial investigation has been made out by the Investigating Officer, it cannot be said that the High Court has no power to ensure justice. . “There is no need to refer to it, but this court can also exercise its powers under Article 142 of the Constitution to pass such an order.” The apex court said, “However, such discretionary power cannot be exercised in an uncontrolled manner.” “The court should take into consideration the statutory scheme under Section 438, CrPC, (which relates to anticipatory bail)… and balance the concerns of the investigating agency, complainant and society with the concerns / interests of the applicant. . so, Such an order must necessarily be narrowly tailored to protect the applicant’s interests, taking into account the concerns of the investigating officer. Such an order should be rational, ”the CJI said while writing for the bench. The court was hearing an appeal against two orders of the High Court, dismissing the pleas of the accused for anticipatory bail, asking them to surrender before the lower court and file a regular bail petition within 90 days, and had saved them from any punitive action. this period. It was challenged in the apex court on this basis He was asked to surrender before the lower court and file a regular bail petition within 90 days, and shielded him from any punitive action. this period. It was challenged in the apex court on this basis He was asked to surrender before the lower court and file a regular bail petition within 90 days, and shielded him from any punitive action. this period. It was challenged in the apex court on this basis