Supreme Court of India

Mukesh Kishanpuria v. State of West Bengal

Neutral citation
Reported as [2010] 5 S.C.R. 702
Bench Markandey Kat Ju and A.K. Patnaik JJ.
Decided 3 May 2010

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

1 Supreme Court bench has cited this judgment.

What the Court ordered

We are of the opinion that in view of Article 21 of the E 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 innocent.

Judgment, page 2

From the headnote

Code of Criminal Procedure, 1973: s.438 - Anticipatory bail - Rejected by High Court - HELD: perusal of order of High Court and also of the record, indicates that there is no reason to grant anticipatory bail to the petitioner - However, he may apply for regular bail and also file an application for interim bail, which a,/Jplication 0 shall be decided on the same day on which it is filed. Bail - Interim bail - HELD: The power to grant regular bail includes the power to grant interim bail pending final disposal of the application for regular bail - This power is inherent in the power to grant

Where later benches applied it

Of those, 1 referred to

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