Dheeraj Bhadviya vs State of Rajasthan & Anr.

Criminal Appeal · 2022 INSC 271Decided 7 Mar 2022
Criminal Appeal No. 358 of 2022
Uday Umesh Lalit · S. Ravindra Bhat · U.U. Lalit

Background

The appellant was apprehending arrest in connection with an FIR registered in 2017 in Udaipur, Rajasthan, for abetment of suicide under Section 306 IPC. His application for anticipatory bail was rejected by the Rajasthan High Court, but the Supreme Court had earlier granted him interim protection from arrest while the appeal was pending, which he had enjoyed for about three-and-a-half years.

Decision Breakdown

Without commenting on the merits of the underlying case, the Supreme Court allowed the appeal and set aside the High Court's order rejecting anticipatory bail. It directed that if the appellant is arrested, he must be released on bail on furnishing a cash security of Rs. 50,000 with two sureties, and it required him to cooperate fully with the investigation, including presenting himself before the Investigating Officer on a specified date and remaining available through the following week.

Lesson Learnt

A long period of court-protected interim relief from arrest can itself become a relevant factor when the Supreme Court finally decides an anticipatory bail appeal, and bail can be granted with practical safeguards (cash security plus mandatory cooperation with the investigation) rather than an outright refusal.

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