Supreme Court Observation: Even if anticipatory bail is rejected, the court cannot order surrender.
New Delhi. The Supreme Court has made important comments regarding anticipatory bail and court jurisdiction. The Supreme Court has said that it is the right of the court to reject the anticipatory bail petition of any accused. However, while dismissing the petition, the court does not have the power to direct the accused to surrender before the concerned trial court.
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What did the Supreme Court say?
A division bench of Justice JB Pardiwala and Justice Ujjwal Bhuyan made this comment during the hearing of a case. The case pertained to a special leave petition filed by a person accused of cheating and forgery. The bench talked about judicial limitations during the hearing. The Supreme Court said that if the court wants to reject the anticipatory bail petition, it can do so. But the court has no legal authority to say that the petitioner must surrender.
The matter is related to Jharkhand
This entire matter stemmed from an old order of the Jharkhand High Court. The High Court had rejected the anticipatory bail petition of the accused in a case related to land dispute. Along with rejecting the anticipatory bail petition, the High Court had directed the accused to surrender before the lower court and apply for regular bail.
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As per PTI report, the complaint was lodged before a magistrate. In this, the accused was charged under various serious sections of the Indian Penal Code (IPC). These include section 323 i.e. voluntarily causing hurt, 420-fraud, 468 i.e. forgery for the purpose of cheating and 471-use of forged document.
Jharkhand High Court had rejected the anticipatory bail petition
Jharkhand High Court had rejected the second anticipatory bail petition of the accused on the grounds that no new circumstances have come to light in the case. The High Court had expressed confidence in its previous order. In that order, the court had asked the accused to surrender in the trial court, citing the decision of Satinder Kumar Antil vs. CBI case.
The Supreme Court rejected this view of the High Court. The Supreme Court said that such direction was given completely without jurisdiction. The Supreme Court clearly said that the purpose of anticipatory bail is to provide protection from arrest. If the court thinks that relief should not be granted, it may reject the petition. But it cannot put pressure on the accused to surrender.
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