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SUSHILA AGGARWAL AND OTHERS vs. STATE (NCT OF DELHI) AND ANOTHER

SCR Citation: [2020] 2 S.C.R. 1
Year/Volume: 2020/ Volume 2
Date of Judgment: 29 January 2020
Petitioner: SUSHILA AGGARWAL AND OTHERS
Disposal Nature: Reference answered
Neutral Citation: 2020 INSC 106
Judgment Delivered by: Hon'ble Mr. Justice Arun Mishra,Hon'ble Ms. Justice Indira Banerjee,Hon'ble Mr. Justice Vineet Saran,Hon'ble Mr. Justice M.R. Shah,Hon'ble Mr. Justice S. Ravindra Bhat
Respondent: STATE (NCT OF DELHI) AND ANOTHER
Case Type: SPECIAL LEAVE PETITION (CRIMINAL) /7281/2017
Order/Judgment: Judgment
1. Headnote

Code of Criminal Procedure, 1973 – ss.437, 438, 439 and 167(2) – Order u/s.438 granting anticipatory bail – Life and operation of – Conflicting views of different Benches of varying strength as to whether the protection granted u/s.438 should be limited to a fixed period so as to enable the person to surrender before Trial Court and seek regular bail; whether the life of an anticipatory bail should end at the time and stage when the accused is summoned by the court – Reference to larger Bench – Held: (Per Curiam) Protection granted u/s.438 should not invariably be limited to a fixed period; it should inure in favour of the accused without any restriction on time – Normal conditions u/s.437(3) r/w s.438(2) should be imposed; if there are specific facts or features in regard to any offence, it is open for the court to impose any appropriate condition (including fixed nature of relief, or its being tied to an event) etc. – Further, 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 – 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 – Observations in Siddharam Satlingappa Mhetre case (and other similar judgments) that no restrictive conditions at all can be imposed, while granting anticipatory bail are overruled – Likewise, the decision in Salauddin Abdulsamad Shaikh case and subsequent decisions which lay down such restrictive conditions, or terms limiting the grant of anticipatory bail, to a period of time are overruled – Guiding principles enumerated for Courts to follow while dealing with applications u/s.438 – Criminal Procedure Code (Amendment) Act, 2005 – Code of Criminal Procedure Amendment Act, 2018 – Penal Code, 1860 – ss.376(3), 376AB, 376DA, 376DB – Constitution of India – Art.21 – Evidence Act, 1872 – s.27 – Interpretation of Statutes.

2. Case referred
3. Act
  • Code Of Criminal Procedure, 1973 (2 of 1974)
  • Indian Penal Code, 1860 (45 of 1860)
  • Constitution Of India
  • Indian Evidence Act, 1872 (1 of 1872)
4. Keyword
  • Code of Criminal Procedure
  • Anticipatory Bail
5. Equivalent citation
    Citation(s) 2020 AIR 831 = 2020 (5) SCC 1 = 2020 (5) Suppl. SCC 1 = 2020 (3) JT 139 = 2020 (3) Suppl. JT 139 = 2020 (2) SCALE 772