The Supreme Court has said that giving stay orders by the courts puts unnecessary burden on it. The apex court granted interim protection from arrest to a person whose anticipatory bail application is pending before the Allahabad High Court for the past seven months. A bench of Justices SK Kaul and MM Sundaresh, while granting relief to the person, said that the Allahabad High Court has not taken any decision on the anticipatory bail application pending before it.
“We are of the view that instead of dealing with such stay orders at an appropriate level, they are only adding unnecessary burden to this court,” the bench said.
“The petitioner was never arrested during the investigation. However, he joined the inquiry and cooperated. In this situation there is no need to arrest the petitioner and produce him in the court on the filing of the charge sheet.
The apex court made the observation while hearing a plea of an accused seeking anticipatory bail in a criminal case. The summons order was issued against the petitioner in accordance with the cognizance taken by the Special CBI Court, Ghaziabad.
On receiving the summons, the petitioner had applied for anticipatory bail on January 16, 2021, which was rejected on January 28. The petitioner then applied for anticipatory bail in the High Court on February 3, 2021.