[Breaking] Anticipatory Bail Cannot Be Limited To A Fixed Period Except In Special And Peculiar Circumstances: SC [Read Judgment]

The Supreme Court has held that anticipatory bail should not invariably be limited to a fixed period. But 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, the five judge bench headed by Justice Arun Mishra has held.The Court also held that 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 and peculiar cases.Justices MR Shah and Justice S. Ravindra Bhat penned separate judgments agreeing with each other. Justices Arun Mishra, Indira Banerjee and Vineet Saran concurred with the conclusion reached by both the judges. The judges said that the judgment in Shri Gurbaksh Singh Sibbia and others v. State of Punjab 1980 (2) SCC 565 needs reiteration. It overruled the judgment in Salauddin Abdulsamad Shaikh v. State of Maharashtra 1996 (1) SCC 667 which restricted the scope of Section 438 of the Cr.PC. It also overruled Siddharam Satlingappa Mhetre v. State of Maharashtra & Ors. 2011 (1) SCC 694, to the extent it held that no conditions can be imposed while granting an order of anticipatory bail, is incorrect. The following are the questions referred to the five judge bench and the answers by it.Whether the protection granted to a person under Section 438 Cr.P.C. should be limited to a fixed period so as to enable the person to surrender before the Trial Court and seek regular bail? the protection granted to a person under Section 438 Cr. PC should not invariably be limited to a fixed period; it should inure in favour of the accused without any restriction on time. Normal conditions under Section 437 (3) read with Section 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. Whether the life of an anticipatory bail should end at the time and stage when the accused is summoned by the court?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.The bench also issued further clarificationsConsistent with the judgment in Shri Gurbaksh Singh Sibbia and others v. State of Punjab , when a person complains of apprehension of arrest and approaches for order, the application should be based on concrete facts (and not vague or general allegations) relatable to one or other specific offence. The application seeking anticipatory bail should contain bare essential facts relating to the offence, and why the applicant reasonably apprehends arrest, as well as his side of the story. These are essential for the court which should consider his application, to evaluate the threat or apprehension, its gravity or seriousness and the appropriateness of any condition that may have to be imposed. It is not essential that an application should be moved only after an FIR is filed; it can be moved earlier, so long as the facts are clear and there is reasonable basis for apprehending arrest.It may be advisable for the court, which is approached with an application under Section 438, depending on the seriousness of the threat (of arrest) to issue notice to the public prosecutor and obtain facts, even while granting limited interim anticipatory bail.Nothing in Section 438 Cr. PC, compels or obliges courts to impose conditions limiting relief in terms of time, or upon filing of FIR, or recording of statement of any witness, by the police, during investigation or inquiry, etc. While considering an application (for grant of anticipatory bail) the court has to consider the nature of the offence, the role of the person, the likelihood of his influencing the course of investigation, or tampering with evidence (including intimidating witnesses), likelihood of fleeing justice (such as leaving the country), etc. The courts would be justified – and ought to impose conditions spelt out in Section 437 (3), Cr. PC [by virtue of Section 438 (2)]. The need to impose other restrictive conditions, would have to be judged on a case by case basis, and depending upon the materials produced by the state or the investigating agency. 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. Likewise, conditions which limit the grant of anticipatory bail may be granted, if they are required in the facts of any case or cases; however, such limiting conditions may not be invariably imposed.Courts ought to be generally guided by considerations such as the...

[Breaking] Anticipatory Bail Cannot Be Limited To A Fixed Period Except In Special And Peculiar Circumstances: SC [Read Judgment]

Ashok Kini

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