Due to the citation of a repealed law, the Allahabad High Court granted interim relief to the accused who had been denied anticipatory bail.
Title:Gulam Mustafa Khan And Another vs. State of U.P. and Another
Dated: 12th July, 2023
– CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. – 4724 of 2023
CORAM: Hon’ble Mrs. Jyotsna Sharma,J
Introduction.
The Allahabad High Court last week granted two accused individuals temporary protection from arrest until the next hearing date after considering their second request for anticipatory bail. The court noted that the two individuals had previously been denied anticipatory bail because the state attorney had cited a law that had been repealed (the Petroleum Rules, 1976) as justification.
Analysis.
The defendants have been charged with violating Sections 420, 465, 468, and 120-B of the IPC as well as Sections 3/7 of the Essential Commodities Act. On March 2, 2023, their initial appeal for anticipatory bail was denied based on the Petroleum Rules of 1976, which were superseded by the Petroleum Rules of 2002.
Although the 1976 Rules have been repealed and the new Rules are in effect, the AGA acknowledged that this was only one of the reasons why an earlier anticipatory bail application had been denied. Even after taking the new Rules into account, the applicants would still not be eligible for anticipatory bail for a number of additional reasons.
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Written by- Varada Hawaldar