Anticipatory Bail Cannot Be Limited To A Fixed Period Except In Special And Peculiar Circumstances: Sushila Aggarwal & Ors. v. State (NCT of Delhi) & Anr. - Synopsis
Nilanjana Ganguly 22 Dec 2020

According to the bench comprising of five judges, headed by Justice Arun Mishra said that if there are any unusual or unique or peculiar features that enable the court to restrict the length of the anticipatory bail, it is open to it to do so. Justice MR Shah and Justice S. Ravindra Bhat have written separate opinions in accordance with each other and Justice Arun Mishra, Justice Indira Banerjee and Justice Vineet Saran agreed with the decision that is taken by the two judges in the bench. The Court also held that the life or length of the anticipatory bail order does not usually terminate at the time and point when the accused was summoned by the court or when the charges were framed but could extend until the end of the trial, except in exceptional and unusual circumstances. In the judgement, the Constitution Bench also addressed the effect of rehabilitation under Section 27 of the Indian Evidence Act on the bail issued. In this regard, the bench, in the case Sushila Aggarwal and others v NCT State of Delhi and others, largely reaffirmed the principles laid down in the case Shri Gurbaksh Singh Sibbia and others v. State of Punjab (1980) 2 SCC 565.


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