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.