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Supreme Court of India 2021-05-28 allowed

Ompal Singh vs State of Uttar Pradesh & Ors

Bench: 3 — N.V. Ramana, Surya Kant, Aniruddha Bose

In Brief

A High Court rejected anticipatory bail applications in two criminal cases but granted the accused 90 days to surrender before the trial court, with protection from arrest during that period. The Supreme Court held that while a High Court may in exceptional circumstances grant limited protective relief after dismissing anticipatory bail (relying on inherent jurisdiction under Section 482 CrPC), such relief must be: strictly reasoned, narrowly tailored, and of the shortest reasonable duration. A 90-day protection period with no stated justification violated these principles and constituted judicial excess. The Court set aside the High Court's protective orders, allowing the investigating agency to proceed with arrests and investigation.

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Criminal Procedure Bail and Custody Anticipatory Bail Fundamental Rights Article 21 Inherent Jurisdiction

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