Supreme Court · 2009 INSC 1003 · Decided 4 August 2009
Shree Baidyanath Ayurved Bhawan PVT. LTD. v. State of Punjab & ORS.
- Court
- Supreme Court of India
- Citation
- 2009 INSC 1003 · [2009] 12 S.C.R. 326
- Case number
- CRIMINAL APPEAL No. 1412/2009
- Decided
- 4 August 2009
- Bench
- S.B. SINHA, CYRIAC JOSEPH (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 438, 439; Companies Act
Headnote
Interim order: Bail application - Ex parte interim order passed by High Court directing Chief Judicial Magistrate ... .. c (CJM) to release the respondents on bail - Held: High Court should not have passed the said order which for all intent and purport was a final one at that stage - After CJM had no other option but to grant bail - Interim order was thereby made final order which is impermissible in law - An D interim order is always passed subject to the final order- Code of Criminal Procedure, 1973 - ss.438, 439. ~· An FIR was lodged against respondent. He filed an .,.
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