Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure Anticipatory Bail |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India, Indian Evidence Act, 1872 (1 of 1872) Indian Penal Code (45 of 1860) Code of Criminal Procedure, 1973 (2 of 1974) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 Referred Case 11 Referred Case 12 Referred Case 13 Referred Case 14 Referred Case 15 Referred Case 16 Referred Case 17 Referred Case 18 Referred Case 19 Referred Case 20 Referred Case 21 Referred Case 22 Referred Case 23 Referred Case 24 Referred Case 25 Referred Case 26 Referred Case 27 Referred Case 28 Referred Case 29 Referred Case 30 Referred Case 31 Referred Case 32 Referred Case 33 Referred Case 34 |
Case Type | Special Leave Petition |
Court | Supreme Court of India |
Disposal Nature | Reference Answered |
Headnote | Code of Criminal Procedure, 1973 – ss.437, 438, 439 and 167(2) – Order u/s.438 granting anticipatory bail – Life and operation of – Conflicting views of different Benches of varying strength as to whether the protection granted u/s.438 should be limited to a fixed period so as to enable the person to surrender before Trial Court and seek regular bail; whether the life of an anticipatory bail should end at the time and stage when the accused is summoned by the court – Reference to larger Bench – Held: (Per Curiam) Protection granted u/s.438 should not invariably be limited to a fixed period; it should inure in favour of the accused without any restriction on time – Normal conditions u/s.437(3) r/w s.438(2) should be imposed; if there are specific facts or features in regard to any offence, it is open for the court to impose any appropriate condition (including fixed nature of relief, or its being tied to an event) etc. – Further, 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 – Again, if there are any special or peculiar features necessitating the court to limit the tenure of anticipatory bail, it is open for it to do so – Observations in Siddharam Satlingappa Mhetre case (and other similar judgments) that no restrictive conditions at all can be imposed, while granting anticipatory bail are overruled – Likewise, the decision in Salauddin Abdulsamad Shaikh case and subsequent decisions which lay down such restrictive conditions, or terms limiting the grant of anticipatory bail, to a period of time are overruled – Guiding principles enumerated for Courts to follow while dealing with applications u/s.438 – Criminal Procedure Code (Amendment) Act, 2005 – Code of Criminal Procedure Amendment Act, 2018 – Penal Code, 1860 – ss.376(3), 376AB, 376DA, 376DB – Constitution of India – Art.21 – Evidence Act, 1872 – s.27 – Interpretation of Statutes. |
Judge | Hon'ble Mr. Justice Arun Mishra Hon'ble Ms. Justice Indira Banerjee Hon'ble Mr. Justice M.R. Shah Hon'ble Mr. Justice S. Ravindra Bhat Hon'ble Mr. Justice Vineet Saran |
Neutral Citation | 2020 INSC 106 |
Petitioner | Sushila Aggarwal And Others |
Respondent | State (nct Of Delhi) And Another |
SCR | [2020] 2 S.C.R. 1 |
Judgement Date | 2020-01-29 |
Case Number | 7281 |
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