Sukhwant Singh & Ors. v. State of Punjab

D ORDER 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 + i J ·• I ' + - 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.