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

Supreme Court

29/01/2020

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

Knowledge and content of about almost all their respective descriptions are borrowed from law-related blogs and websites, we, therefore, wish to give proper credit to all the respective law-related blogs and websites like LiveLaw, Bar and Bench, LatestLaws, PathLegal, FirstLaw, Lawctopus, IndianKanoon, Manupatra, LegallyIndia etc.. Many of the judgments are also taken from them websites of Hon'ble Supreme Court and other respective Hon'ble High Courts!

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