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Supreme Court Guideline On Anticipatory Bail

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20 views5 pages

Supreme Court Guideline On Anticipatory Bail

Uploaded by

helpppbazaar
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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The Supreme Court of India has laid down various guidelines on anticipatory bail through several landmark

judgments. Here is a summary of key principles and guidelines as derived from notable judgments:

### Guidelines on Anticipatory Bail

1. **Statutory Provision**: Section 438 of the Criminal Procedure Code (CrPC) deals with the provision of
anticipatory bail.

2. **Reasonable Apprehension**: Anticipatory bail can be granted when a person has a reasonable
apprehension of arrest for a non-bailable offense.

3. **Discretionary Power**: The power to grant anticipatory bail is discretionary and should be exercised
judiciously.

4. **Factors for Consideration**: Courts should consider several factors while granting anticipatory bail,
including:

- The nature and gravity of the accusation.

- The antecedents of the applicant, including any previous history of similar accusations.

- The possibility of the applicant fleeing from justice.

- The likelihood of the applicant influencing witnesses or tampering with evidence.

- The larger interests of the public or the state.

5. **Conditions**: The court may impose conditions deemed necessary to ensure a fair trial, such as:

- Regular reporting to the police station.

- Surrender of the passport.

- Prohibiting the applicant from making any inducement, threat, or promise to witnesses.

6. **Interim Bail**: Courts can grant interim bail pending the final disposal of the application for anticipatory
bail.

7. **Non-interference by Courts**: Higher courts should not ordinarily interfere with the decision of granting or
rejecting anticipatory bail by lower courts unless there is a clear abuse of judicial discretion.

8. **Misuse of Provision**: Anticipatory bail should not be granted to those who are likely to misuse the liberty,
repeat offenses, or threaten the complainant or witnesses.

### Notable Supreme Court Judgments on Anticipatory Bail

1. **Gurbaksh Singh Sibbia v. State of Punjab (1980) 2 SCC 565**:


- The court held that the provision for anticipatory bail is to be used in exceptional cases.

- It emphasized the discretionary nature of anticipatory bail and outlined factors to be considered.

2. **Sushila Aggarwal v. State (NCT of Delhi) (2020) 5 SCC 1**:

- The court clarified that anticipatory bail should not be limited to a fixed period and can continue till the end of
the trial.

- It reiterated the importance of considering the circumstances of each case.

3. **State of Madhya Pradesh v. Pradeep Sharma (2014) 2 SCC 171**:

- The court observed that anticipatory bail should not be granted if there is a likelihood of the accused
absconding or misusing their liberty.

4. **Siddharam Satlingappa Mhetre v. State of Maharashtra (2011) 1 SCC 694**:

- The court laid down comprehensive guidelines on granting anticipatory bail and stressed the need to balance
individual liberty with societal interests.

### Sample Bail Order Condition Based on Supreme Court Guidelines

---

**Court Name**

**Case Number: [Case Number]**

**State vs. [Accused Name]**

**Anticipatory Bail Order**

Date: [Date]

---

**1. Parties Involved:**

- **Accused:** [Accused Name], [Address], [Identification Number]

- **Prosecutor:** [Prosecutor Name], [Address]

- **Defense Counsel:** [Defense Counsel Name], [Address]


---

**2. Court Details:**

- **Court Name:** [Court Name]

- **Presiding Judge:** [Judge Name]

- **Court Address:** [Address]

---

**3. Bail Details:**

- **Amount:** The accused is granted anticipatory bail in the sum of [Amount] [Currency].

- **Type of Bail:** [Cash/Surety/Personal Bond/Other]

---

**4. Conditions of Bail:**

The accused must comply with the following conditions:

1. **Regular Reporting:** The accused must report to [Police Station/Authority] at [Frequency, e.g., weekly].

2. **Residence:** The accused must reside at [Address] and not change the residence without prior permission
from the court.

3. **Surrender of Passport:** The accused must surrender their passport to the court.

4. **Travel Restrictions:** The accused is prohibited from leaving [City/State/Country] without the court's
permission.

5. **Non-contact:** The accused must not contact or approach [Victim/Witness/Specific Person(s)].

6. **No Inducement or Threats:** The accused must not make any inducement, threat, or promise to any person
acquainted with the facts of the case.

7. **Electronic Monitoring:** If directed by the court, the accused must wear an electronic monitoring device.

8. **Cooperation with Investigation:** The accused must cooperate with the investigation and attend all
proceedings as required.

---
**5. Consequences of Breach:**

Failure to comply with any of the above conditions may result in the bail being revoked and the accused being
taken back into custody.

---

**6. Next Court Date:**

The accused is required to appear in court on [Next Court Date] at [Time].

---

**7. Signatures:**

**Judge:**

_____________________________

[Judge Name]

[Date]

**Accused:**

_____________________________

[Accused Name]

[Date]

**Defense Counsel:**

_____________________________

[Defense Counsel Name]

[Date]

---

**Seal of the Court:**

---
This template and summary incorporate the principles and guidelines from various Supreme Court rulings on
anticipatory bail.

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