Thursday 22 April 2021

Protection under Anticipatory Bail should not be fixed for limited period

 Sushila Aggarwal v. State of NCT of Delhi [2020 5 SCC 1]

 

The Court held that protection granted to a person under Section 438 of Code of Criminal Procedure (CrPC) should not be invariably limited to a fixed period and should be in favour of the accused without any restriction on time. Normal conditions under Section 437 (3) read with Section 438 (2) should be imposed. Further, the Court held that the life or duration of an anticipatory bail order does not end normally at the time and stage when the accused is summoned by the court, or when charges are framed, but can continue till the end of the trial, except in special or peculiar conditions. The Court reaffirmed the principles of Shri Gurbaksh Singh Sibbia & Ors. v. State of Punjab (1980) 2 SCC 565.

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