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Anticipatory bail cannot be limited to a fixed period except in special and peculiar circumstances
Sushila Aggarwal and Ors Vs State of Delhi and Anr
SPECIAL LEAVE PETITION (CRIMINAL) NOS.7281 - 7282/2017
About/from the judgment:
Guidelines on grant of anticipatory bail
Before parting with the matter, the court issued some guidelines on the grant of anticipatory bail, including the following:
- Anticipatory bail applications should be based on concrete facts, not vague or general allegations, relatable to a specific offence.
- It is advisable that the court, depending on the seriousness of the threat of arrest, issue notice to the public prosecutor to obtain facts.
- Nothing in the CrPC compels or obliges a court to impose conditions limiting the grant of anticipatory bail.
- The need to impose restrictions during grant of anticipatory bail would have to be judged on a case-to-case basis.
- Such special or other restrictive conditions may be imposed if the case or cases warrant, but should not be imposed in a routine manner, in all cases.
- Gravity and nature of alleged offence involved, applicant’s role etc. should guide the court in deciding whether or not to grant anticipatory bail in its discretion.
- Anticipatory bail granted can (depending on the conduct and behaviour of the accused) continue after filing of the charge sheet till end of trial.
Read the Judgment
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