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2020 (11) TMI 989 - HC - Indian LawsRequirement of issuance of SCN prior to filing and entertainment of anticipatory bail application - requirement of issuing notice to Government Advocate - HELD THAT:- There is no provision in the Rules of Court regarding filing and entertainment of anticipatory bail application - However all the anticipatory bail applications are being filed before this court in accordance with the provision of Chapter XVIII Rule,18 of the Rules of Court after serving prior notice of the same on the Government Advocate. Therefore the requirement of granting time to the Government Advocate to obtain instructions within seven days where the court grants an interim order in an anticipatory bail is not in the interest of speedy justice. The unnecessary complication of passing interim order and then final order in the anticipatory bail application can be avoided in case the office of Government Advocate is vigilant and it obtains instructions within two days of the receipt of notice of the anticipatory bail applications - Hence the Government Advocate is directed to instruct his office to obtain instructions in the anticipatory bail applications within two days of receipt of notice. Otherwise the court may decide the anticipatory bail application on the basis of material brought on record by the applicant. Modes of fast communication are there which should be availed in getting speedy instructions in anticipatory bail matters. The applicant is directed to be enlarged on interim anticipatory bail in the meantime.
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