Inquiry In Anticipatory Bail Applications Must Be Limited To Applicant's Case, Can't Be Directed Against Third Parties : Supreme Court

The Supreme Court, on Thursday, held that it is not open for High Courts to implead third parties in exercise of powers under Section 438 of the Code of Criminal Procedure, the provision that deals with anticipatory bail. In a plea assailing interim orders of the Patna High Court which had issued notice seeking appearance of Sahara Chief Subrata Roy in anticipatory bail proceedings of one Promod Kumar Saini and co-accused, a Bench comprising Justices A.M. Khanwilkar and J.B. Pardiwala observed - "We hold that it is not open to the High Court in exercise of powers under Section 438 Cr.P.C. The Bench clarified that the scope of inquiry of the High Court is quite narrow in an anticipatory bail application under Section 438 Cr.P.C. 4877-4878 of 2022 | 14 July 2022 Corum: Justices AM Khanwilkar and JB Pardiwala Headnotes Code of Criminal Procedure 1973 - Section 438 - anticipatory bail jurisdiction - cannot implead third party to proceedings - especially those parties who are neither necessary nor proper parties to the application under consideration - application under Section 438 of the Code of Criminal Procedure is limited to the cause of the concerned applicant, applying for grant of anticipatory bail in connection with offence already registered against him and apprehending his arrest in connection with such a case for extraneous reasons or otherwise - in such proceedings, the inquiry must be limited to the facts relevant and applicable to the concerned applicant who has come before the Court - no attempt should be made to inquire into matters pertaining to some third party much less beyond the scope of the complaint/FIR in question - even if the application is entertained by the High Court, the High Court should exercise circumspection in dealing with the application only in respect of matters which are relevant to decide the application and not to over-state facts or other matters unrelated to the applicant before the Court.