The Supreme Court has reiterated that a High Court cannot grant anticipatory bail while refusing to quash an FIR, stressing that the accused must first apply for pre-arrest bail before the Sessions Court.
“It cannot be denied that provisions of pre-arrest bail are applicable in the State of Uttar Pradesh. Hence, any person accused of an offence if desirous of seeking such protection would be required to avail the appropriate remedy by approaching the competent Sessions Court at the first instance. To grant the relief of pre-arrest bail in a criminal writ petition while refusing to exercise jurisdiction to quash the proceedings is totally unacceptable and impermissible”, observed a bench of Justices Vikram Nath and Sandeep Mehta.
While examining the complainant’s challenge to the Allahabad High Court’s orders, the Bench noted that despite refusing to quash the FIR, the High Court granted the accused blanket protection from arrest until the charge sheet was filed. The Supreme Court found this to be unjustifiably prejudicial to the investigation and held that the direction was devoid of any logic or reasoning.
Echoing this position, the Court referred to Neeharika Infrastructure (P) Ltd. v. State of Maharashtra, where a three-judge Bench led by former CJI Dr. D.Y. Chandrachud held that, upon dismissing or disposing of a petition to quash proceedings under Section 482 CrPC or Article 226 of the Constitution, the High Court cannot grant protection from arrest or direct that “no coercive steps” be taken during the investigation—whether until its completion or until the filing of the final report/charge sheet under Section 173 CrPC.
Accordingly, the Supreme Court overturned the High Court’s orders and remitted the matter for fresh consideration of the quashing petitions on their merits. It also directed that the interim protection earlier granted to the accused-respondents shall continue during the pendency of the proceedings
before the High Court. The High Court was further requested to conclude the matter preferably within four months from January 7.
