TMI Blog1996 (10) TMI 519X X X X Extracts X X X X X X X X Extracts X X X X ..... cer and the duration of this anticipatory bail shall be up to 14-10-1996 when, on that date the accused shall appear before the said learned Magistrate and apply for regular bail which application shall be decided by the court in accordance with law. By the second order dated 11-10-1996 the learned Judge insofar as accused K.L. Verma is concerned, directed notice to issue on the question whether sanction under Section 197 of the Criminal Procedure Code (hereinafter called the Code ) was required for taking cognizance in his case since he was at the relevant point of time a public servant and made the notice returnable on 1-11-1996. However, the learned Judge refused to grant stay of further proceedings but merely issued notice on the stay ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 9-10-1996, we find that the High Court placed reliance on this Court's decision in Salauddin Abdulsamad Shaikh v. State of Maharashtra, MANU/SC/0280/1996MANU/SC/0280/1996 : 1996CriLJ1368 which was a case in which the High Court, while granting interim anticipatory bail, imposed certain conditions, one of which was that the accused should move for regular bail before the Court which was in seisin of the case pending against him. The High Court also observed that the application should be disposed of uninfluenced by the observations made in the earlier order. The special leave petition was directed against that order of the High Court. While dealing with that order, this Court observed that under Section 438 of the Code, when any person ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sed to remain on anticipatory bail. To put it differently, anticipatory bail may be granted for a duration which may extend to the date on which the bail application is disposed of or even a few days thereafter to enable the accused persons to move the higher court, if they so desire. This decision was not intended to convey that as soon as the accused persons are produced before the regular court the anticipatory bail ends even if the court is yet to decide the question of bail on merits. The decision in Salauddin Case (Supra) has to be so understood. 4. In the above view we think it appropriate to direct that till the High Court decides the question of sanction under Section 197 of the Code the further proceedings in the trial court ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
