SUPREME COURT HOLDS THAT PROTECTION OF ANTICIPATORY BAIL IS NOT SUBJECT TO TIME CONSTRAINTS

In light of the recent ruling of Hon’ble Supreme Court of India titled as Sushila Agarwal And Other Vs State (NCT Of Delhi) And Others vide it’s Judgment dated 29.01.2020, the Apex Court held that the protection under Section 438 of the Criminal Procedure Code, 1973 as amended thereof (CrPC), which provides for pre-arrest bail order in cases of anticipation of arrest has no fixed tenure and shall persist till the end of the trial. But if there are any special or peculiar circumstances demanding the court to bar or restrict the tenure of anticipatory bail, it can do so at its discretion.

The Apex Court passed the said Judgment in light of the following observations:

(1) That the protection of anticipatory bail under Section 438 CrPC should not be limited to a fixed time period, subject to certain reasonable terms and conditions as imposed by the concerned court of law.

(2) That the duration of anticipatory bail order continues till the time and stage the trial continues, subject to certain reasonable terms and conditions as imposed by the concerned court of law.

Thus, the said Judgment of the Supreme Court may also have a positive impact on every person’s Right to Life and Personal Liberty guaranteed under Article 21 of the Constitution of India 1950 as amended thereof.

Lakshmi Vishwakarma

Associate

The Indian Lawyer