Anticipatory bail _ Interim protection.

Grant of anticipatory bail _ Court has power to grant interim protection when it comes to the conclusion that it is not possible to decide the case immediately and during such time appropriate interim orders can be passed _ Court not expected to direct the accused to remain present in court while exercising its power u/s 438(4) and, at the same time, not consider the application for interim relief _ Provisions of sections 438(1), (3) and (4), therefore have to be read together and they cannot be read in isolation _ Words 'interest of justice' used in section 438(4) means the interest not only of the prosecution but also of the accused of seeking fair and proper administration of criminal justice and giving a fair opportunity to the applicant-accused of securing substantive right which accrues in his favour by virtue of section 438 _ Learned Sessions Judge erred in directing the applicants to remain present in court without granting any interim protection.
Ashik Rameshchandra Shah & ors. Vs. State of Maharashtra 2010 (2) LJSOFT (URC) 45