Summary
The Court set aside interim bail granted in a writ petition challenging MCOCA provisions. After withdrawing a bail application when the Single Judge was disinclined to grant relief, the accused obtained the same relief from a Division Bench through the constitutional challenge. The Court deprecated this forum shopping and held that the interim order improperly anticipated final exoneration without considering the serious allegations. Absence of subsequent misuse of liberty did not cure an erroneous bail order. The accused was directed to surrender forthwith.
Issues
- Whether the interim bail order in the pending constitutional challenge improperly bypassed the earlier bail proceedings.
- Whether absence of misuse of liberty prevented setting aside an erroneous bail order.
Held
- The Division Bench failed to consider the gravity of the alleged organised-crime financing and the remaining IPC allegations. Its interim findings against approval for invoking MCOCA effectively granted final relief at an interlocutory stage and were impermissible in the circumstances. (¶¶ 9, 9.1)
- The accused withdrew his bail application after the Single Judge was disinclined to release him, then sought and obtained interim release through a writ petition challenging the statute. This constituted forum shopping and independently justified setting aside the order. (¶ 9.2)
- Setting aside an unjustified order granting bail differs from cancellation for later misuse of liberty, and different criteria apply. The accused’s assertion that he had not misused release since 2019 did not answer the challenge to the original order. (¶ 10)
- The appeal concerned interim release. The constitutional challenge remained pending before the High Court; the accused was required to surrender and face trial, with a non-bailable warrant to secure his presence if he failed to surrender forthwith. (¶¶ 3.1, 11)
Result
State appeal allowed. The interim bail order was set aside and the accused directed to surrender forthwith and face trial; failure to surrender was to be met by a non-bailable warrant.