ANTICIPATORY BAIL

SUSHILA AGGARWAL V. STATE OF NCT OF DELHI,

2020 SCC ONLINE SC 98, DECIDED ON 29.01.2020

FIVE JUDGES BENCH DECISION

1. It is not essential that an application should be moved only after an FIR is filed; it can be moved earlier.

2. The 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.

3. It may be advisable for the court, to issue notice to the public prosecutor and obtain facts, even while granting limited interim anticipatory bail.

• The courts would be justified – and ought to impose conditions spelt out in Section 437 (3), Cr. PC [by virtue of Section 438 (2)]. 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.

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