Kishanpuria Vs. State of West Bengal  INSC 599 (3 May 2010)
KISHANPURIA v. STATE OF WEST BENGAL
Leave Petition (Crl.) No. 3224 of 2010) MAY 3, 2010 [Markandey Katju and A.K.
Patnaik, JJ.] 2010(5) SCR 702 The following order of the Court was delivered
Heard learned counsel for the petitioner.
This petition has been filed against the impugned judgment and
order dated 26.03.2010 of the High Court of Calcutta whereby the petition under
Section 438 Cr.P.C. for grant of anticipatory bail to the petitioner herein has
We have gone through the impugned judgment and order and also
perused the record. We also see no reason to grant anticipatory bail to the
However, the petitioner may apply for regular bail before the
Court concerned and along with the said application he may file an application
for interim bail pending disposal of the regular bail application. We have made
it clear on a number of occasions that the power to grant regular bail includes
the power to grant interim bail pending final disposal of the regular bail
application. This power is inherent in the power to grant bail, particularly in
view of Article 21 of the Constitution of India. We are of the opinion that in
view of Article 21 of the Constitution, a person should not be compelled to go
to jail if he can establish prima facie that in the facts of the case he is
Hence, if the present petitioner applies for regular bail before
the Court concerned, he may also file an application for interim bail along with
the same, which application shall be decided on the same day on which it is
filed, pending final disposal of the regular bail application.
We also make it clear that the Trial Court shall decide the bail
application uninfluenced by any observation made by the High Court in the
The special leave petition stands disposed of in the above terms.