2007 (11) TMI 712 - SC - Indian Laws

Summary

Issues involved: Impugned order of High Court disposed of without hearing the appellant, conversion of application under Section 482 Cr.P.C. to one under Section 438 Cr.P.C., granting of interim protection without notice to the appellant.

Summary:

Issue 1: Impugned order disposed of without hearing the appellant
The Supreme Court found that the High Court's order could not be maintained as it was passed without hearing the appellant, despite issuing notice. The appellant filed a subsequent application upon learning about the proceedings, which led to the High Court directing the accused to implead the appellant. The Court noted the lack of service of notice on the appellant, and the conversion of the application under Section 482 Cr.P.C. to one under Section 438 Cr.P.C. without the appellant's knowledge. The High Court's actions were deemed improper, leading to the setting aside of the impugned order and remanding the matter for fresh consideration.

Issue 2: Conversion of application under Section 482 Cr.P.C. to one under Section 438 Cr.P.C.
The Court disapproved of the practice of converting applications under Section 482 Cr.P.C. to bail applications under Section 438 or 439 Cr.P.C. It was highlighted that direction for notice and service on the appellant was not followed by the accused. The fact that a charge sheet had been filed or bail granted to the accused was considered irrelevant due to the relief granted in the regular bail application based on the interim protection provided by the High Court.

Conclusion:
The Supreme Court allowed the appeal to the extent of setting aside the impugned order and remanding the matter for fresh consideration without expressing any opinion on the case's merits. The parties were directed to appear before the learned Single Judge on a specified date to avoid unnecessary delays, with the Chief Justice of the High Court requested to list the matter accordingly.