Neelam Lohia wife of Rajeev Lohia v. State of West Bengal
1998-07-09
Debi prasad Sircar-I, S.K.MUKHERJEE
body1998
DigiLaw.ai
JUDGMENT The Court : This is an application for extension of the period of anticipatory bail granted by the learned Court below which admittedly had expired. It appears that for the circumstances mentioned in an application filed before the learned Court below, the petitioner asked for extension of such period. The learned Court below, however was of the view that since the period had expired and since the original application for anticipatory bail had stood disposed of, it had no jurisdiction to entertain such an application. 2. Considering the principle laid down in the case of Salauddin reported in 1996 C. Cr. LR (SC) 130 we fail to see any reason for such a conclusion by the learned Court below. The extension could be granted in appropriate cases upon consideration of the merits or grounds on which the prayer for extension had been made. We, accordingly, set aside the order dated 2nd July, 1998, treating this application as one under section 482 of the Code of Criminal Procedure, and direct the learned Court below to reconsider the application filed on 2nd July, 1998, on merit and according to law. We, however, make it clear that about the entitlement or merit of the grounds on which the extension was prayed for, we have not expressed any view. 3. The learned Court below is directed to act on communication of the gist of this order through the letter of the learned Advocate-on-record, for the petitioner. 4. If an urgent xerox certified copy of this order is applied for, the Department is directed to deliver the same within two days from the date of deposit of requisite stamps and folios. Order set aside. Case sent back for reconsideration on merit and according to law.