Time limit on advance bail violates personal liberty: Supreme Court

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News:Recently,the Supreme Court has ruled that no time limit could be fixed while granting anticipatory bail and that it could continue till the end of trial.

Facts:

About Anticipatory Bail:

  • Section 438 (anticipatory bail) of the Code of Criminal Procedure deals with direction for grant of bail to a person apprehending arrest.
  • It states that when any person has reason to believe that he may be arrested on an accusation of having committed a non- bailable offence, he may apply to the High Court or the Court of Session for a direction that in the event of such arrest, he shall be released on bail.

About the judgement:

  • The court has ruled that there is nothing in the Code of Criminal Procedure(CrPC) to indicate that the grant of pre-arrest/anticipatory bail should be time-bound.
  • However, the concerned court has the discretion to impose conditions for the grant of anticipatory bail including a limited duration of protection on a case-to-case basis depending on the stage at which the application for anticipatory bail is moved.
  • Further,the duration of an anticipatory bail order does not normally end when the accused is summoned by the court.But it is open to the Court to impose additional restrictions if there are peculiar circumstances warranting the same.