Q. Consider the following statement with respect to Anticipatory Bail:
1. Protection of anticipatory or pre-arrest bail is limited for a fixed period only.
2. It cannot be granted after a chargesheet has been filed in the criminal case.
Which of the statements given above is/are correct?
Exp) Option d is the correct answer.
Anticipatory bail, as the name suggests, is bail granted to a person in anticipation and apprehending arrest. It is a preventive relief. The very purpose for the provisions relating to anticipatory bail is to ensure that no person is confined in any way until and unless held guilty.
Statement 1 is incorrect. When the court grants anticipatory bail, what it does is to make an order that in the event of arrest, a person shall be released on bail. Recently, a constitutional bench of the Supreme Court ruled that the protection of anticipatory or pre-arrest bail cannot be limited to any time frame or “fixed period”.
Statement 2 is incorrect. Recently, the Allahabad High Court held that anticipatory bail can be granted even after a chargesheet in the criminal case has been filed. However, the High Court or the Court of Sessions, while granting anticipatory bail may impose certain conditions.
