Salochna Pardi v. State of Madhya Pradesh - CrPC/BNSS - Anticipatory Bail
Power To Grant Anticipatory Bail To Be Exercised With Circumspection And Only In Exceptional Cases: Supreme Court
Code of Criminal Procedure 1973 - Section 438 [Section 482 BNSS] -The discretionary power to grant anticipatory bail is to be exercised with circumspection and only in exceptional cases, especially where the allegations prima facie disclose the commission of serious offences necessitating custodial interrogation - Issues relating to delay in registration of the FIR and non-recovery of the dead body are matters to be examined during investigation and trial and cannot, at this stage, form the basis for granting pre-arrest bail. Merely because a chargesheet has been filed against the co-accused does not justify granting anticipatory bail. (Para 11-12)
Case Info
Case name: Salochna Pardi v. State of Madhya Pradesh & Anr.
Case no.: CRIMINAL APPEAL NO. … (Arising out of SLP (Crl.) No. 18200 of 2025)”).
Coram: Vikram Nath, J. and Sandeep Mehta, J.
Judgment date: 06 January 2026
Caselaws and citations referred:The order does not cite or discuss any prior case law by name or citation; it proceeds on general principles governing anticipatory bail, the SC/ST Act bar, and custodial interrogation.
Statutes / laws referred:
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989: Sections 14‑A(2), 3(2)(v), and the bar in Sections 18 and 18A
- Indian Penal Code, 1860: Sections 302, 307, 120‑B, 201, 364, 365
- Code of Criminal Procedure, 1973: Sections 82, 83, 164
- (In background) service law / disciplinary power under Police regulations (re: dismissal order), but no specific statute is named.