According to Section 436(1) of the CrPC, the officer in charge of the police station or court in the event of a bailable offense. By CrPC Section 437(1), in the event of a non-bailable offense, any level of court. According to Section 438(1) of CrPC, the Session Court or High Court can grant anticipatory Bail.
Case Laws:
The Honourable Supreme Court released significant guidelines in the landmark decision of Satender Kumar Antil v. Central Bureau of Investigation.
The courts will need to confirm that Sections 41 and 41A of the Code are being followed. If there was any noncompliance, the accused could request bail.
It is the duty of the investigating agencies and their officers to adhere to the directives given by this Court in Arnesh Kumar vs State Of Bihar & Anr on July 2, 2014, as well as the mandate of Sections 41 and 41A of the Code. The court must notify the higher authorities of any default on their part, and appropriate action must then be taken.
Bail applications should be processed within two weeks unless the provisions specify otherwise.
Regarding the establishment of special courts, this Court may issue directives that the State and Central Governments must abide by.
The task of identifying the undertrial inmates who cannot adhere to the terms of their bail has been assigned to the High Courts.
As previously instructed by this Court in Bhim Singh v. Union of India, (2015) 13 SCC 605, judicial officers shall identify the undertrial prisoners who have completed half of the maximum period or maximum period of imprisonment provided for the said offense under the law and, after complying with the procedure prescribed under Section 436-A, pass an appropriate order in the jail itself for the release of such undertrial prisoners on bail who fulfill the requirement of Section 436-A for their immediate release. This exercise will have to be done similarly to comply with the mandate of Section 436-A of the Code.
Gurbaksh Singh Sibbia v. the State of Punjab (1980)
In its ruling, the Court ruled that "fear" cannot be a valid excuse for someone to apply for anticipatory bail. Just as the court cannot guarantee the outcome of trials, neither can the duration of bail. The Court stated that there should be a balance between the rights of the individual and the provisions of the police during the investigation and listed eight prerequisites that all courts must take into account before granting bail.
When granting anticipatory bail, a magistrate or a judge may impose conditions based on the circumstances and the strength of the reason to believe. A court cannot grant anticipatory bail following an arrest. The Court has further stated that it retains the authority to recall or revoke an individual's bail order. Section 437 of the Code should be used to request a regular bail for the individual.
State of MP v. Rama Krishna Balothia and Anr. (1995)
In its ruling, the Supreme Court held that obtaining anticipatory bail is only a special privilege that should be granted when necessary and that courts should not grant any bail applications that do not comply with the requirements. As such, the court held that obtaining anticipatory bail should not be regarded as a fundamental right. The Court further stated that although Article 21 guarantees personal liberty, not every application is made with that goal in mind.
Suresh Chand V. State Of Rajasthan
The Court determined that the second bail application is not maintainable since the Delhi High Court denied the first under Section 438 CrPC. Article 21 of the Indian Constitution does not give the government the authority to grant anticipatory bail. It is simply granted by the law. The Law Commission's goal, according to the Court, was to stop dishonest petitioners from abusing the provisions of anticipatory bail, and this extraordinary remedy should only be reinstated in extreme circumstances.
Ritu Chhabaria v. UOI
To shield accused people from the "unfettered and arbitrary power of the State," the court ruled that "the right of default bail under Section 167(2) of the Criminal Procedure Code (CrPC) is not merely a statutory right, but a fundamental right that flows from Article 21 of the Constitution."In Ritu Chhabaria, the court decided that the accused's right to default bail would not be thwarted by an unfinished charge sheet submitted by the investigating agency. To keep the accused from requesting default bail, investigating authorities frequently filed charge sheets that were either incomplete or supplemental within the allotted 60 or 90 days.
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