SUKHWANT SINGH & ORS.versusSTATE OF PUNJAB

                                 [2009] 9 S.C.R. 821

      +
                             SUKHWANT SINGH & ORS.                               A
                                            v.
                                 STATE OF PUNJAB
                             (SLP(Crl.) No. 3529 of 2009)

                                     MAY 18, 2009
                                                                                 8
               [MARKANDEY KATJU AND DEEPAK VERMA, JJ.]

                 Code of Criminal Procedure, 1973:

                  s. 438 - Anticipatory bail - HELD: Order of High Court         c
            rejecting application for anticipatory needs no interference -
            However, in the power to grant bail there is inherent power in
            the court concerned to grant bail to a person pending final
            disposal of the bail application - Of course, it is in the

..     t
            discretion of the court concerned to grant interim bail or not
            but the power is certainly fhere - In the instant case, if the
            petitioners surrender before the court concerned and make
                                                                                 D


            a prayer for grant of interim bail pending final disposal of bail
            application, the same shall be considered and decided on the
            same day - Interim bail.
                                                                                 E
               Kamlendra Pratap Singh vs. State of U.P. & Ors. 2009(4)
            SCALE 77, relied on.
       -t
 ..
                 Constitution of India, 1950:
                                                                                 F
                  Article 21 - Protection of life and personal liberty - Held:
            Reputation of a person is his valuable asset, and is a facet
            of his right under Article 21~ This gains significance while
            considering an application for grant of bail - Bail - Interim
            bail.
      --J                                                                        G
  •             Deepak Bajaj vs. State of Maharashtra JT 2008(11) SC
            609, relied on.



                                          821                                    H
     822        SUPREME COURT REPORTS               (2009) 9 S.C.R.

                                                                           +
A                          Case Law Reference:
           2009(4) SCALE 77            relied on           Para 3
           JT 2008(11) SC 609          relied on           Para 3

B        CRIMINAL APPELLATE JURISDICTION: SLP (Criminal)
     No. 3529 of 2009.

         From the Judgment & Order dated 24.03.2009 ofJhe High         i
     Gourt of Punjab & Haryana at Chandigarh in Criminal Misc. No.
     M-26413- of 2008.
c
           Gautam Godara and Ravindra Keshavrao Adsure for the_
     .Petitioner.
                                                                               J

           The Order of the Court was delivered
D                                  ORDER
                                                                                   I

           1. Heard learned counsel for the petitioners.
                                                                       ·•          '



     · 2. This petition has been filed challenging the judgment
E and order dated 24.03.2009 of a learned Single Judge of the
  High Court of Punjab & Haryana at Chandigarh whereby the
  Application under Section 438 of the Cr.P.C. for grant of
  anticipatory bail has been dismissed.
                                                                       +
       3. We are not inclined to interfere with the impugned
F judgment and order. However, following the decision of this
  Court in the case of Kamlendra Pratap Singh Vs. State of
 1
  U.P.& Ors. 2009 (4) SCA~E, 77, we reiterate that a Court
  hearing a regular bail application has got inherent power to
  grant interim bail pending final disposal of the bail application.
G In our opinion, this is the proper view in view of Article 21 of
  the Constitution of India which protects the life and liberty of
  every person. When a person applies for regular bail then the
  court concerned ordinarily li~ts that application after a few days
  so that it can took into the case diary which has to be obtained
H from the police authorities and in the meantime the applicant
          SUKHWANT SINGH & ORS. v. STATE OF PUNJAB                      823


         has to go to jail. Even if the applicant is released on bail          A
         thereafter, his reputation may be tarnished irreparably in society.
         The reputation of a person is his valuable asset, and is a facet
         of his right under Article 21 of the Constitution vide Deepak
         Bajaj Vs. State of Maharashtra & Anr. JT 2008 (11) SC 609.
                                                                               B
              4. Hence, we are of the opinion that in the power to grant
         bail there is inherent power in the court concerned to grant
    t    interim bail to a person pending final disposal of the bail
         application. Of course, it is in the discretion of ,the court
         concerne,d to grant interim bail or not but the power is certainly    C
         there.

              5. In the present case, if the petitioners surrender before
         the Court concerned and makes a prayer for grant of interim
         bail pending final disposal of the bail application, the same
         shall be considered and decided on the same day.                      D

             6. With the abovesaiu observations, the petition stands
         disposed of.


-        R.P.                                        Appeal disposed of.




•   ~·