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Anticipatory bail can be set aside: SC

  • Integrity Education, Delhi
  • 13, Oct 2021
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  • 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.
  • A Bench led by Justice D.Y. Chandrachud said a court, while considering an application for grant of anticipatory bail, had to consider the nature of the offence, the role of the person, the likelihood of his influencing the course of investigation, etc.

Concept of Anticipatory Bail

  • The provision of anticipatory bail under Section 438 was introduced when 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 is made.
  • Time limit: The Supreme Court in Sushila Aggarwal v. State of NCT of Delhi (2020) case delivered a significant verdict, ruling 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.