While hearing an application seeking anticipatory bail, the Supreme Court of India on Thursday stated that it can't be set for a limited time frame."How can an anticipatory bail be limited to four weeks?!", asked a Bench of Justices MR Shah and Sudhanshu Dhulia.The Bench was hearing an appeal filed by politician Monirul Islam challenging an order of the Calcutta High Court that had granted...
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While hearing an application seeking anticipatory bail, the Supreme Court of India on Thursday stated that it can't be set for a limited time frame.
"How can an anticipatory bail be limited to four weeks?!", asked a Bench of Justices MR Shah and Sudhanshu Dhulia.
The Bench was hearing an appeal filed by politician Monirul Islam challenging an order of the Calcutta High Court that had granted him anticipatory bail in 2021, limiting it to four weeks only.
The advocate appearing for the petitioner, challenging the High Court order, submitted that the Court had agreed that the FIR filed against the petitioner was registered to settle political scores.
"There is an order since October 8, 2021 protecting me."
She further submitted that the FIR in question was lodged two years after the offense.
Turning to Senior Advocate Siddhartha Dave appearing for the State, the Bench asked,
"Mr. Counsel, have you heard anticipatory bail for a limited period?"
"But your Lordships have also said that it can be done. There's a judgement by the Constitution Bench", Dave replied.
'Once the High Court concludes that custodial interrogation is not required, then what was the justification to restrict him for four weeks?' After four weeks, the High Court had asked him to surrender. Where is the question of surrender here?", the Bench asked.
The justification possibly could be that allegations were quite grave in the matter, said the senior counsel.
'Then the Court need not have entertained the anticipatory bail', the Bench shot back.
As the hearing continued, the Court said,
"Just because you have anticipatory bail does not mean that regular bail application cannot be heard. We are granting you anticipatory bail, at the same time, you have to apply for regular bail which will be considered in accordance with law."
The Court then modified the High Court order to say that if the petitioner is arrested, he may be released on bail. The Court asked the Trial Court to decide the conditions for bail.
The Bench further directed that if the petitioner moved an application seeking regular bail, that should be considered on merits without being influenced by this order.
"However, at the same time, if the petitioner moves an appropriate application before the concerned Court for regular bail, it will be considered in accordance with law and on its own merits without being influenced by the grant of anticipatory bail. Till such application for bail is moved in four weeks from today, till then, the present order shall operate."
Case Title: Monirul Islam vs. The State of West Bengal | SLP(Crl) No. 004439 - / 2021