The bench of Justices Ravikumar and Dhulia noted that "the grievance of the petitioner in the captioned Special Leave Petition is that the application for anticipatory bail moved by him, being Crl. M.A. No. 11480 of 2022 in Bail Application No. 1751 of 2022 was posted to 31.08.2022 without granting any interim protection. The application for bail was moved on 24.05.2022."
The bench asserted, "We are of the considered view that in a matter involving personal liberty, the Court is expected to pass orders in one way or other taking into account the merits of the matter at the earliest."
The bench further declared, "At any rate, posting an application for anticipatory bail after a couple of months cannot be appreciated."
The bench then proceeded to request the High Court to dispose of the application for anticipatory bail on its own merits and in accordance with law expeditiously, preferably within a period of three weeks after the reopening of the Court. The bench has added that if the main application could not be disposed of, for any reason, within the stipulated time, the relief sought for in the interlocutory application shall be considered on its own merits.
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n disposing of the SLP, the bench directed in its order that "Till such time, we grant interim protection from arrest to the petitioner herein."
n disposing of the SLP, the bench directed in its order that "Till such time, we grant interim protection from arrest to the petitioner herein."
Code of Criminal Procedure 1978- Section 438 - Anticipatory Bail- Court is expected to pass orders in one way or other taking into account the merits of the matter at the earliest - Posting an application for anticipatory bail after a couple of months cannot be appreciated- Matter involves personal liberty
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