Q. Whether the anticipatory bail granted can be limited in point of time?
Ans. As decided in case of GURBAKSH SINGH SIBBIA AND OTHERS V/s. STATE OF PUNJAB reported in 1980 (2) SCC 565, “operation of an order passed under Section 438 (1) be limited in point of time? Not necessarily. The Court may, if there are reasons for doing so, limit the operation of the order to a short period until after the filing of an F.I.R. in respect of the matter covered by the order. The applicant may in such cases be directed to obtain an order of bail under S. 437 or 439 of the Code within a reasonably short period after the filing of the F.I.R. as aforesaid. But this need not be followed as an invariable rule. The normal rule should be not to limit the operation of the order in relation to a period of time.”
The aforesaid ratio has been again followed by Hon’ble Apex Court in case of SIDHHARAM MHETRE V/s. STATE OF MAHARASTRA reported in 2011 (1) GLH 11, wherein it is held that….
“It is a settled legal position crystallized by the Constitution Bench of this court in Sibbia’s case (supra) that the courts should not impose restrictions on the ambit and scope of section 438, Cr.P.C. which are not envisaged by the Legislature. The court cannot re-write the provision of the statute in the garb of interpreting it. It is unreasonable to lay down strict, inflexible and rigid rules for exercise of such discretion by limiting the period of which an order under this section could be granted.”
Q. What is meant by “anticipatory bail”?
Q. Is it proper to fix any formula to grant or refuse anticipatory bail?
Q. Which are the main guiding principles to exercise discretion under Section-438 of the Cr.P.C.?