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T.OSTEEN RAJA . v. STATE TR.INSP.OF POLICE .

Supreme Court of India | Diary 10289/2010

Status

ROP - of Main Case

Decided On

30-04-2010

Bench

Petitioner

T.OSTEEN RAJA .

Respondent

STATE TR.INSP.OF POLICE .

Primary Holding

Inherent in the power to grant bail is the power to grant interim bail pending final disposal of the bail application, flowing from Article 21 of the Constitution, which guarantees the right to reputation, and such interim bail applications must be decided on the same day they are filed.

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Full Judgment Text

^ITEM NO.10 COURT NO.7 SECTION IIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Crl) No(s).3404/2010(From the judgement and order dated 19/01/2010 in CRLOP No.11329/2009 of The HIGH COURT OF MADRAS)T.OSTEEN RAJA & ANR. Petitioner(s) VERSUSSTATE TR.INSP.OF POLICE & ORS. Respondent(s)(With appln(s) for exemption from filing O.T.)Date: 30/04/2010 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE MARKANDEY KATJU HON'BLE MR. JUSTICE A.K. PATNAIKFor Petitioner(s) Mr. S. Gowthaman,Adv. UPON hearing counsel the Court made the following O R D E R Heard learned counsel for the petitioners. No case for grant of anticipatory bail is made out. The Special Leave Petition is dismissed. However, we wish to reiterate that inherent in the power to grant bail is the power to grant interim bail, pending final disposal of the bail application. This is in view of Article 21 of the Constitution of India which guarantees the right of reputation to every person. Hence, the petitioners may apply for regular bail along with an application for interim bail. If such an application is filed, the trial Court is directed to decide the interim bail application, pending final disposal of the bail application, on the same day on which it is filed and on its own merits in accordance with law. We make it clear that this shall not be taken as an expression of opinion as if we are inclined or not inclined to release the petitioners on bail.(Parveen Kr. Chawla) (Indu Satija) Court Master Court Master

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