1                                 REPORTABLE

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION S.L.P. (Crl.)No. 3529 OF 2009

Sukhwant Singh & Ors. .. Petitioners

Versus

State of Punjab .. Respondent

O R D E R

Heard learned counsel for the petitioners. This  petition  has  been  filed  challenging  the  judgment  and  order  dated  

24.03.2009  of  a  learned  Single  Judge  of  the  High  Court  of  Punjab  &  Haryana  at  

Chandigarh  whereby  the  Application  under  Section  438  of  the  Cr.P.C.  for  grant  of  

anticipatory bail has been dismissed.

We are not inclined to interfere  with the impugned judgment and order.  

However, following the decision of this Court in the case of  Kamlendra Pratap Singh Vs.  

State of U.P.& Ors. 2009 (4) SCALE, 77, we reiterate that a Court hearing a   regular  

bail application has got inherent power to grant interim bail pending final disposal of the  

bail  application.   In our opinion, this is  the proper view in view of  Article  21 of  the  

Constitution of India which protects the life and liberty of every person.  When a person  

applies for regular bail then the court concerned ordinarily lists that application after a  

few days so that it can look into the case diary which has to be obtained from the police  

authorities and in the meantime the applicant has to go to jail.  Even if the applicant is  

released on bail thereafter, his reputation may be tarnished irreparably in society.  The  

reputation of a person is his valuable asset, and is a facet of his right under Article 21 of  

the Constitution vide Deepak Bajaj Vs.  State of Maharashtra & Anr.   JT 2008 (11) SC

2 609.

Hence, we are of the opinion that in the power to grant bail there is inherent  

power in the court concerned to grant interim bail to a person pending final disposal of  

the bail application.  Of course, it is in the discretion of the court concerned to grant  

interim bail or not but the power is certainly there.

In the present case, if the petitioners surrender before the Court concerned  

and  makes  a  prayer  for  grant  of  interim  bail  pending  final  disposal  of  the  bail  

application, the same shall be considered and decided on the same day.

With the abovesaid observations, the petition stands disposed of.

.......................J.                               (MARKANDEY KATJU)

.......................J.                               (DEEPAK VERMA)  

New Delhi May 18, 2009