Supreme Court of India · 2010-05-03
Mukesh Kishanpuria vs State Of West Bengal
- Citation / case number
- AIR 2011 SC (CRIMINAL) 1952
- Court
- Supreme Court of India
- Petitioner
- Mukesh Kishanpuria
- Respondent
- State Of West Bengal
- Bench
- Markandey Katju, A.K. Patnaik
Judgment text excerpt
The Supreme Court upheld the High Court's rejection of anticipatory bail under Section 438 Cr.P.C., emphasizing that the petitioner may seek regular bail and interim bail simultaneously. The Court reiterated that the power to grant regular bail inherently includes the authority to grant interim bail, particularly in light of Article 21 of the Constitution, which protects personal liberty. The Court directed that the Trial Court must decide the bail application without being influenced by the High Court's observations.