Validity of pre-arrest bail: SC refers issue to larger bench
23 May 2018 5:12 AM IST
New Delhi: The Supreme Court has taken note of its "conflicting" verdicts on the vexatious legal question whether the grant of anticipatory bail to an accused was for a limited period or does it remain in force till the trial concludes, and referred the matter to a larger bench.
Section 438 of the Code of Criminal Procedure (CrPC) provides for the grant of pre-arrest or anticipatory bail by the High Court or a sessions court to a person who apprehends arrest in a serious criminal case.
The apex court, in its judgements, has given conflicting views on the issue.
While one set of verdicts say that anticipatory bail "should not be for a limited period" and remain in force till the conclusion of the criminal trial, the other judgements have opined that it should be for a limited period "so as to enable the person to surrender before the trial court and seek regular bail."
A three-judge bench of Justices Kurian Joseph, Mohan M Shantanagoudar and Navin Sinha pointed to the conflicting views of the apex court on anticipatory bail and its validity period and referred the issue to Chief Justice of India (CJI) Dipak Misra for setting up of a constitution bench.
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