The Calcutta High Court Rules Presence of accused within the country is not a necessary pre-condition to grant anticipatory bail

Team SoOLEGAL 29 Aug 2019 10:35pm

The Calcutta High Court Rules Presence of accused within the country is not a necessary pre-condition to grant anticipatory bail

In a recent ruling the Calcutta High Court held that in order to grant an anticipatory bail the presence of the accused within the country was not a necessary pre condition The order which was passed by a Division Bench of Justices Manojit Mandal and Joymalya Bagchi, sitting at the circuit Bench of the High Court was in anticipatory bail pleas filed by two members of the Gorkha Janmukti Morcha. The court observed, "... the imposition of a condition on an accused not to leave the country without the permission of the Court upon being granted the relief of pre-arrest bail is a discretionary one depending on the facts of the case...There may be cases where an accused lawfully residing in a foreign country apprehends arrest due to the imminent threat of execution of a coercive process in a contracting State in the course of investigation pursuant to order passed by an appropriate court under section 105-B of the Code of Criminal Procedure or by way of extradition proceedings."

The court also referred to Section 438(2) of the Code of Criminal Procedure, which allows courts the discretion to impose a condition that the person seeking pre-arrest bail should not leave India without court permission. The Petitioners had been protesting against the imposition of the Bengali language in Darjeeling Government Schools. According to the petitioners’ claim, the protests were resisted by the Government and the police force was used as a tool for political vendetta. Under these circumstances, the Petitioners had sought anticipatory bail and agreed to co-operate with an honest investigation.

The State had argued that an anticipatory bail was non-maintainable as the petitioners were not present in the country. Thus, requesting the courts to dismiss the applications of the leaders of the alleged violent agitation.

The Court highlighted that the petitioners' absence in the country itself would not preclude them from applying for anticipatory bail. Further, the Court also granted the parties liberty to approach the Principal Bench of the Court, as per their convenience.

Tagged: National news  
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