At the time Anticipatory bail Complainant appearing before Court in course of hearing of application court is duty bound to hear the complainant

Vinay Poddar v. State of Maharashtra”
BOMBAY HIGH COURT
A. S. OKA, J. ( Single Bench )

Criminal P.C. (2 of 1974), S.438 – ANTICIPATORY BAIL – Anticipatory bail – Application for – Hearing of – Complainant appearing before Court in course of hearing of application – Court is bound to hear him – Though Court hearing application for anticipatory bail is under no obligation to issue notice to complainant.
When an application for anticipatory bail is considered by Court, the police may not place all factual details before the Court as the investigation in most of such cases is at a preliminary stage. Therefore, some role can be played by the complainant by pointing out factual aspects. In the circumstances, it is not possible to hold that the first informant or the complainant cannot be heard in an application for anticipatory bail. When the complainant appears before the Court in the course of hearing of an application for grant of anticipatory bail, the Court is bound to hear him. But the said right cannot be allowed to be exercised in a manner which will delay the disposal of an application for anticipatory bail. The delay in disposal of such application may adversely affect the investigation. Therefore, the right which can be spelt out in favour of the first informant or the complainant is of making oral submissions for pointing out the factual aspects of the case during the course of hearing of an application for anticipatory bail before the Court of Sessions. The said right is to be exercised by the complainant either by himself or through his Counsel. This is not to say that the Sessions ‘Court hearing the application for anticipatory bail is under an obligation to issue notice to the first informant or the complainant. There is no such requirement of issuing notice to the first informant or the complainant at the hearing of the application for anticipatory bail. However, if the complainant or the first informant appears before the Court, he cannot be denied a right of making oral submissions either in person or through his counsel.

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