- Apprentice Lawyer
- Legal Jobs
Can anticipatory bail granted to a person be reviewed by a court? This is a question before the Supreme Court after it issued notice in a challenge to a Gauhati High Court order by which grant of anticipatory bail to the petitioner was called into question. (Ainul Hoque Molla vs the State of Assam)
The petitioner in this case was granted anticipatory bail by a Bench of the Gauhati High Court in August 2019, and her petition was disposed of in November 2019. Subsequently, however, when the petitioner's co-accused approached the High Court, a different Bench issued notice to the petitioner as regards bail already granted to her.
This Bench, headed by the Chief Justice had opined that the anticipatory bail was "erroneously granted", while also denying bail to the co-accused. This prompted the petitioner to move the Supreme Court.
The question raised before the Supreme Court is whether there is a power to review an order for bail that has been granted already, that too by a different judge.
The Court recorded in its order,
"It is her submission that there is no such power of review in such a matter and thus the bail already granted could not have been reviewed in this manner by another Learned judge on the judicial side.”
The Bench of Justices Sanjay Kishan Kaul and KM Joseph went on to issue notice in the plea and also directed for a stay on the proceedings in the petitioner's case before the High Court.
The petitioner was represented by Senior Counsel Maneka Guruswamy, and Advocate Fuzail Ahmad Ayyubi.