The reputation of a person is his valuable asset, and is a facet of his right under Article 21 of the Constitution of India

Sukhwant Singh Vs State of Punjab on 18th June 2009 in Supreme Court of India

The Constitution Of India 1949: Article 21

The Code Of Criminal Procedure, 1973: Section 438

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Article 21:

The reputation of a person is his valuable asset, and is a facet of his right under Article 21 of the Constitution of India; 2009 (7) SCC 559

IMPORTANT

A Court hearing a regular bail application has got inherent power to grant interim bail pending final disposal of the bail application - If accused is arrested and thereafter released on bail, his reputation may be tarnished which is his valuable asset.

Constitution of India, Article 21 - Criminal Procedure Code, Section 438 - Interim bail - Anticipatory bail - A Court hearing a regular bail application has got inherent power to grant interim bail pending final disposal of the bail application - Further held -

This is the proper view in view of Article 21 of the Constitution of India which protects the life and liberty of every person when a person applies for regular bail then the Court concerned ordinarily lists that application after a few days so that it can look into the case diary which has to be obtained from the police authorities and in the meantime the applicant is released on bail thereafter, his reputation may be tarnished irreparably in society - The reputation of a person is his valuable asset, and is a facet of his right under Article 21. 2009(3) RCR (Criminal) 401: 2009(4) RAJ 151 (SC) and 2008(4) RCR (Criminal) 961: 2008(6) RAJ 357 (SC) relied.

[Para 2]

Cases referred:

Kamlendra Pratap Singh v. State of U.P., 2009(3) RCR (Criminal) 401: 2009(4) RAJ 151: 2009(4) SCALE 77.

Deepak Bajaj v. State of Maharashtra, 2008(4) RCR (Criminal) 961: 2008(6) RAJ 357: JT 2008(11) SC 609.

Sukhwant Singh v. State of Punjab, (SC): Law Finder Doc Id # 202861

2010(1) AICLR 113: 2010(1) MLJ (Criminal) 401: 2009(4) R.C.R.(Criminal) 868: 2009(6) Recent Apex Judgments (R.A.J.) 106: 2009(7) SCC 559 : 2009(3) JCC 1716: 2010(116) CriLJ 1435: 2009(5) MPHT 139: 2010(3) AIR Jhar R. 802: 2009(3) SCC(Cri) 487: 2010 AIR (SCW) 1185: 2010(1) PLR 230: 2009(4) CCR 384: 2009(7) Scale 700: 2010 Cri. L.R. 286: 2010(1) Cri.CC 57: 2009(2) CalCriLR 666

SUPREME COURT OF INDIA

S.L.P. (Crl.) No. 3529 of 2009.

Sukhwant Singh & Ors. - Petitioners

Versus

State of Punjab - Respondent

Before: - Markandey Katju and Deepak Verma, JJ.

D/d. 18.05.2009.

For the Petitioners:- Gautam Godara and Ravindra Keshavrao Adsure, Advocates.

ORDER

Heard learned counsel for the petitioners.

2. This petition has been filed challenging the judgment and order dated 24.03.2009 of a learned Single Judge of the High Court of Punjab & Haryana at Chandigarh whereby the Application under Section 438 of the Criminal Procedure Code for grant of anticipatory bail has been dismissed.

3. We are not inclined to interfere with the impugned judgment and order.

However, following the decision of this Court in the case of Kamlendra Pratap Singh v. State of U.P. & Ors., 2009(3) RCR(Criminal) 401 : 2009(4) RAJ 151 : 2009(4) SCALE 77, we reiterate that a Court hearing a regular bail application has got inherent power to grant interim bail pending final disposal of the bail application. In our opinion, this is the proper view in view of Article 21 of the Constitution of India which protects the life and liberty of every person. When a person applies for regular bail then the court concerned ordinarily lists that application after a few days so that it can look into the case diary which has to be obtained from the police authorities and in the meantime the applicant has to go to jail. Even if the applicant is released on bail thereafter, his reputation may be tarnished irreparably in society. The reputation of a person is his valuable asset, and is a facet of his right under Article 21 of the Constitution vide Deepak Bajaj v. State of Maharashtra & Anr., 2008(4) RCR(Criminal) 961 : 2008(6) RAJ 357 : JT 2008(11) SC 609.

4. Hence, we are of the opinion that in the power to grant bail there is inherent power in the court concerned to grant interim bail to a person pending final disposal of the bail application. Of course, it is in the discretion of the court concerned to grant interim bail or not but the power is certainly there.

5. In the present case, if the petitioners surrender before the Court concerned and makes a prayer for grant of interim bail pending final disposal of the bail application, the same shall be considered and decided on the same day.

With the above said observations, the petition stands disposed of.

Order accordingly.