While called upon to exercise the said power, the Court concerned has to be very cautious as the grant of interim protection or protection to the Accused in serious cases may lead to miscarriage of justice and may hamper the investigation to a great extent as it may sometimes lead to tampering or distraction of the evidence. We shall not be understood to have held that the Court shall not pass an interim protection pending consideration of such application as the Section is destined to safeguard the freedom of an individual against unwarranted arrest and we say that such orders shall be passed in eminently fit cases. At any rate, when warrant of arrest or proclamation is issued, the applicant is not entitled to invoke the extraordinary power. Certainly, this will not deprive the power of the Court to grant pre-arrest bail in extreme, exceptional cases in the interest of justice. But then, person(s) continuously, defying orders and keep absconding is not entitled to such grant.
IN THE SUPREME COURT OF INDIA
Criminal Appeal No. 1872 of 2025
Decided On: 09.04.2025
Serious Fraud Investigation Office Vs. Aditya Sarda
Hon'ble Judges/Coram:
Bela M. Trivedi and P.B. Varale, JJ.
Author: Bela M. Trivedi, J.
Citation: MANU/SC/0479/2025.
