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2015 (3) TMI 1404 - SC - Indian LawsSeeking grant of bail - constitutional validity of Section 438 Code of Criminal Procedure - Appellant contends that once the writ petition is disposed of by the High Court declining to quash the FIR registered against Respondent Nos. 1 to 4, the High Court in exercise of its power Under Article 226 of the Constitution of India - HELD THAT:- If the Court was of the opinion that there was no other convenient or adequate remedy open to the Petitioners, it might have proceeded to investigate the case on its merits and come to a decision as to whether the Petitioners succeeded in establishing that there was an infringement of any of their legal rights which entitled them to a writ of mandamus or any other directions of a like nature; and pending such determination it might have made a suitable interim order for maintaining the status quo ante. As could be seen from the above said paragraph of KARTAR SINGH VERSUS STATE OF PUNJAB [1994 (3) TMI 379 - SUPREME COURT] this Court has made it very clear that High Court has no power to entertain an application for bail Under Article 226 of the Constitution of India. It has made further clear that the power should be exercised sparingly relating to the cases under the 1987 Act, that too only in rare and appropriate cases in extreme circumstances. Upon the said passage from the judgment of Kartar Singh case, learned senior Counsel for Respondent Nos. 1 to 4 has placed strong reliance in justification of the order passed by the High Court in giving direction to the learned Magistrate regarding the bail application that would be filed by Respondent Nos. 1 to 4. The matter is remanded to the learned Magistrate to consider the bail application afresh in accordance with law after giving an opportunity of hearing to the parties - appeal allowed by way of remand.
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