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Supreme Court of India 2021-05-28 allowed

Nathu Singh vs State of Uttar Pradesh & Ors

Bench: 3 — N.V. Ramana

In Brief

Two appellants challenged High Court orders that rejected their anticipatory bail applications but granted them 90 days' protection from arrest before surrendering to the trial court. The Supreme Court held that while a High Court may exercise inherent powers under Section 482 CrPC in truly exceptional circumstances to grant limited-duration protection after rejecting anticipatory bail, it must do so with reasoned justification, narrowly tailored to the shortest duration needed, and considering the gravity of the offence and investigating agency's concerns. The Court found the High Court's blanket 90-day protection without assigned reasons was judicial largesse, an abuse of discretion. The appeals were allowed and the impugned orders set aside, permitting the investigating agency to proceed according to law.

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Criminal Procedure Anticipatory Bail Bail and Custody Fundamental Rights Judicial Discretion Powers of High Court

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