Anticipatory bail can go on till trial ends: SC

Satya Prakash

Tribune News Service

New Delhi, January 29

An anticipatory bail given to an accused in a criminal case can continue after the filing of the charge-sheet till end of trial, the Supreme Court ruled on Wednesday. “The protection granted to a person under Section 438 of the CrPC (Criminal Procedure Code) should not invariably be limited to a fixed period; it should inure in favour of the accused without any restriction on time,” a five-judge Constitution Bench, headed by Justice Arun Mishra, said.

“It is held that the 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 top court said.

The Bench, however, made it clear that an order of anticipatory bail should not be “blanket” and it should not enable the accused to commit further offences and claim relief of indefinite protection from arrest. “An order of anticipatory bail does not in any manner limit or restrict the rights or duties of the police or investigating agency, to investigate into the charges against the person who seeks and is granted pre­arrest bail,” said the Bench which also included Justice Indira Banerjee, Justice Vineet Sharan, Justice MR Shah and Justice S Ravindra Bhat.

While decided anticipatory bail pleas, courts needed to consider the gravity of the offence, role of the accused, likelihood of his influencing the probe or tampering with evidence, intimidating witnesses, likelihood of fleeing justice, it said.

The Bench was referred two issued for adjudication — whether the protection granted to a person under Section 438 the CrPC should be limited to a fixed period so as to enable the person to surrender before the trial court and seek regular bail and whether the life of an anticipatory bail should end at the time and stage when the accused is summoned by the court.

Earlier, various Benches of varying strength of the Supreme Court had delivered conflicting views on the two issues.