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Supreme Court of India 2022-07-14 disposed

Subrata Roy Sahara vs Pramod Kumar Saini & Ors

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

The Supreme Court held that a High Court exceeded its jurisdiction when entertaining an anticipatory bail application under Section 438 of the Criminal Procedure Code. The court had inquired into matters unrelated to the bail applicant and issued directions to third parties to appear in court. The Supreme Court clarified that anticipatory bail proceedings must be confined strictly to the applicant and facts relevant to their bail prayer. No inquiry into unrelated matters or third parties is permissible. The High Court's observations on such extraneous matters must be struck from the record and cannot be used in other proceedings. The appeals were disposed of, and the impugned orders were set aside."]

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Criminal Procedure Bail Anticipatory Bail Jurisdiction High Court Powers

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