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Anticipatory bail

Part of: Prelims and GS II – Separation of powers between various organs

Context The Supreme Court has held that a superior court can set aside an anticipatory bail order if there was enough material to suggest that factors like gravity of the offence and the role of the accused in the crime were not considered by the lower court.

What is The concept of anticipatory bail?

The provision of anticipatory bail under Section 438 was introduced when Criminal Procedure Code (CrPC) was amended in 1973.
As opposed to ordinary bail, which is granted to a person who is under arrest, in anticipatory bail, a person is directed to be released on bail even before arrest made.
Time limit: The Supreme Court (SC) in Sushila Aggarwal v. State of NCT of Delhi (2020) case ruled that no time limit can be set while granting anticipatory Bail and it can continue even until the end of the trial.
It is issued only by the Sessions Court and High Court.

What is the Need for such protection?

An accused, besides being an accused, may also be the primary caregiver or sole breadwinner of the family. His arrest may leave his loved ones in a state of starvation and neglect.
In the 1980 Gurbaksh Singh Sibbia vs State of Punjab case, a five-judge Supreme Court bench led by then Chief Justice Y V Chandrachud ruled that 438 (1) is to be interpreted in the light of Article 21 of the Constitution (protection of life and personal liberty).

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