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may 2010

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.

Mukesh Kishanpuria vs State Of West Bengal · Niyam