supreme court guidelines on anticipatory bail

Click here to join our channel (@ieexplained) and stay updated with the latest, The Indian Express is now on Telegram. The report said, “The necessity for granting anticipatory bail arises mainly because sometimes influential persons try to implicate their rivals in false cases for the purpose of disgracing them or for other purposes by getting them detained in jail for some days… Apart from false cases, where there are reasonable grounds for holding that a person accused of an offence is not likely to abscond, or otherwise misuse his liberty while on bail, there seems no justification to require him first to submit to custody, remain in prison for some days and then apply for bail.”.

Supreme Court on Parameters of Anticipatory Bail, © 2019 All rights reserved - Kapil Chandna, Quashing False 406/498A Indian Penal Code, ECONOMIC OFFENCES: BAIL OR JAIL SUPREME COURT, Supreme Court: Accused Right of Bail after Charge Sheet, Supreme Court: Consensual Physical Relationship is not Rape, Supreme Court: Mandatory Registration of an FIR, Focus Areas and Considerations for Bail in POCSO ACT, Contempt: Only Saviour From Mal-Administration, Considerations’ for Regular Bail in Commercial Quantity: NDPS ACT, Supreme Court : Bail in Times’ of COVID-19. It is common knowledge that custodial interrogation is the weapon wielded by investigating agencies to secure clinching evidence against an accused. The information provided under this website is solely available at your request for information purposes only. We have been keeping you up-to-date with information on the developments in India and the world that have a bearing on our health and wellbeing, our lives and livelihoods, during these difficult times.

As opposed to ordinary bail, which is granted to a person who is under arrest, in anticipatory bail, a person is directed to be released on bail even before arrest made. Explained: What is anticipatory bail, for which SC has removed time limits? Your Email* Message subject* Message. In consonance with the legislative intention the grant or refusal of anticipatory bail should necessarily depend on facts and circumstances of each case. The protection granted under Section 438 of the Code of Criminal Procedure (CrPc) “should not invariably be limited to a fixed period”, a five-judge Constitution bench headed by Justice Arun Mishra said, deciding a reference made to it following “conflicting views” of some other benches of the court. Grant of Anticipatory Bail The court held that a plea for anticipatory bail can be filed even before the registration of FIR as long as there is reasonable basis for apprehension of arrest and clarity of facts. S. 438 of the Code of Criminal Procedure, 1973, lays down the law on anticipatory bail.

It should not be interpreted as soliciting or advertisement. In short, anticipatory bail is an important shield given to innocent to protect themselves from false and motivated cases to protect their personal liberty as setforth under Article 21 of Constitution of India.
Writing the judgment, Mr. Justice Nijjar said the provision for anticipatory bail was introduced on the recommendations of the Law Commission of India in its 41st Report dated September 24, 1969. The Court found that there is nothing to suggest that the operation of an order granting anticipatory bail must be limited by time. Recent decision of the Supreme Court in the case of P Chidambaram v. Directorate of Enforcement yet again gives rise to the extensive debate between custodial interrogation and anticipatory bail. The Bench granted bail to the appellant in the event of his arrest. It also observed, “It may perhaps be right to describe the power (of anticipatory bail) as of an extraordinary character… But this does not justify the conclusion that the power must be exercised in exceptional cases only, because it is of an extra-ordinary character.

The information provided under this website is solely available at your request for information purposes only. In case of refusal of Anticipatory bail by Session Court then petition before High Court lies and in case both courts reject the petition for anticipatory bail, then against the rejection order by Hon’ble High Court, the remedy lies by filing Special leave petition under Article 136 of Constitution of India before Apex Court.

That Constitution Bench of Honourable Apex Court in the case of Gurbaksh Singh Sibbia and Others v. State of Punjab -(1980) 2 SCC 565 emphasized that provision of anticipatory bail enshrined in Section 438 of the Code is conceptualised under Article 21 of the Constitution which relates to personal liberty. However, scope of power under section 438 CrPC was dealt in detail by Hon’ble Supreme Court Constitution Bench in Gurbaksh Singh Sibbia and Ors.

The Supreme Court of India on 29 January, 2020 ruled that no time limit could be fixed for granting an anticipatory bail. It was held by  Apex Court in Maneka Gandhi v. Union of India, (1978) 1 SCC 248, that in order to meet the challenge of Article 21 of the Constitution, the procedure established by law for depriving a person of his liberty must be fair, just and reasonable. No general guidelines has been laid down by Hon’ble Supreme Court for invoking power under section 438 CrPC for releasing accused but it has been held in various cases to consider below factors before granting benefit of bail to accused.
Anticipatory bail became part of the new CrPC in 1973 (when the latter replaced the older Code of 1898), after the 41st Law Commission Report of 1969 recommended the inclusion of the provision. In cases where the user has any legal issues, he/she in all cases must seek independent legal advice. Advocate Kapil Chandna, law graduate from Delhi University, is a founding partner of C&C Associates and is enrolled with the Bar Council of Delhi in 2012. S. 438 of the Code of Criminal Procedure, 1973, lays down the law on anticipatory bail. 299 vs 97 min per day: NSS confirms household, unpaid work falls on women, PM Modi targets Opposition: ‘not with farmers, youth or soldiers’, Amid late night cremation, Hathras rape victim’s family says cops didn’t let them bring body home, DC vs SRH: Sun rises eventually for Hyderabad at the expense of Delhi Capitals, To Mosul and back, Kerala ISIS man’s extraordinary brush with terror, Just 6.6% exposed to Covid till August: New sero-survey, Unlock 5.0 guidelines: What further relaxations we could see in October, https://images.indianexpress.com/2020/08/1x1.png, Field Marshal KM Cariappa: political ambition as well as mistrust of politicians, here to join our channel (@indianexpress), ICGS Kanaklata Barua: legacy of a freedom fighter, Understanding an abundant, highly transmissible coronavirus mutation, Ayodhya conspiracy case: How the trial progressed over the year, Babri verdict: For Sangh, shadow lifts in criminal case; for Opp, a bind as in temple ruling, After Hathras, 22-yr-old Dalit woman raped, killed in UP's Balrampur, Cinema halls to operate at 50% capacity from October 15, Shah Rukh Khan cheers for Kolkata Knight Riders at Dubai International Stadium, Five-feet-tall moveable telescope made from chocolate leaves netizens baffled, Netizens relate as time notification pops up during Hillary Clinton’s Zoom interview on TV, IPL 2020: Knights overthrow Royals with a 37-run victory in Dubai, Need for Speed: Jofra Archer clocks 152 kmph, hustles & harries batsmen, Acquittals in Babri demolition case are a blot on CBI, it must be liberated from political influence, A brand is selling men's tee with holes on the sides; 'asking to be tickled' say netizens, [RECAP] Here's everything Google announced at its 'Launch Night In' event, IPL 2020: Shami’s short ball success and his big Rohit Sharma test. kapilchandna.legal will use the information you provide on this form to be in touch with you and to provide latest legal updates.

During this, the court would certainly be entitled to impose conditions for the grant of bail and public prosecutor or complainant would be at liberty to move the same court for cancellation or modifying the conditions of bail any time if liberty granted by the court is misused. As we fight disinformation and misinformation, and keep apace with the happenings, we need to commit greater resources to news gathering operations.

A Bench of Justice Tarun Chatterjee and Justice S.S. Nijjar said: “The salutary provision contained in Section 438 Cr.

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