Order Granting Anticipatory Bail Only Till Framing Of Charge Should Contain Reasons For Such Restriction: Supreme Court

The Supreme Court observed that if a court restricts the anticipatory bail upto framing of charge, the order should discuss the the peculiar facts and circumstances which warranted such restriction.

In this case, the Allahabad High Court restricted the anticipatory bail granted to the accused only till framing of the charge.  

In response to the Special Leave Petition filed by the accused, ASG KM Nataraj justifying the order by relying on a decision in Nathu Singh vs. State of Uttar Pradesh 2021 (6) SCC 64. In the said decision, it was held that though normally, the anticipatory bail should not be granted for a specific period, if the facts and circumstances are so made out, the Court can limit the tenure of the anticipatory bail. ASG requested time to file counter affidavit so as to substantiate the reasons for limiting the period of anticipatory bail. 

"We are not inclined to grant time to file reply in as much as the counter affidavit cannot supplement the reasons given in the impugned order. It is the impugned order which would reflect the mind of the judge as to what were the peculiar facts and circumstances which warranted limiting the anticipatory bail for a particular period. The perusal of the entire order would reveal that there is no discussion at all with regard to the same.", the court observed.

The court therefore quashed the part of the impugned order which restricts the anticipatory bail upto framing of charge.

Case details

Tarun Aggarwal vs Union of India | 2022 LiveLaw (SC) 885 | SLP (Crl.) No(s). 7677/2022 | 11 October 2022 | Justices BR Gavai and BV Nagarathna

Headnotes

Code of Criminal Procedure, 1973 ; Section 438 - Anticipatory Bail - Anticipatory bail granted to the accused only till framing of the charge - It is the impugned order which would reflect the mind of the judge as to what were the peculiar facts and circumstances which warranted limiting the anticipatory bail for a particular period. The perusal of the entire order would reveal that there is no discussion at all with regard to the same - Part of the order which restricts the anticipatory bail upto framing of charge is quashed and set aside.

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