Indefinite Adjournment In Anticipatory Bail Is Detrimental To Valuable Right Of A Person: SC
Anticipatory Bail – Concept
Section 438 of the Code of Criminal Procedure, 1973 (CrPC) provides for anticipatory bail.
It allows a person who apprehends arrest for a non-bailable offence to approach the High Court or Court of Session for bail in advance.
It is a pre-arrest legal protection, ensuring that a person is not unjustly detained.
Issue: Indefinite Adjournments in Anticipatory Bail
Sometimes, when a person applies for anticipatory bail, the matter is not heard promptly and adjournments are granted repeatedly.
This defeats the purpose of anticipatory bail, because:
The person continues to live under the fear of arrest.
Their liberty is at stake without judicial protection.
It indirectly allows the police to misuse their power of arrest.
Supreme Court’s Stand
The Supreme Court has repeatedly held that indefinite adjournment of anticipatory bail applications is detrimental to the fundamental right to personal liberty under Article 21.
Key Case Laws
1. Siddharam Satlingappa Mhetre v. State of Maharashtra (2011)
Facts: The petitioner feared arrest in a corruption case and sought anticipatory bail.
Held:
Anticipatory bail is a valuable right linked to personal liberty under Article 21.
Courts must decide anticipatory bail applications expeditiously.
Unreasonable adjournments defeat the very object of Section 438 CrPC.
2. Sushila Aggarwal v. State (NCT of Delhi) (2020, Constitution Bench)
Facts: A question was raised whether anticipatory bail should have a time limit or continue till the end of trial.
Held:
Anticipatory bail, once granted, can continue till the end of the trial unless special reasons exist.
The Court emphasized that delays in deciding anticipatory bail applications are contrary to the protection of liberty.
The process must be swift and fair.
3. Recent Supreme Court Observation
The SC has clarified that if anticipatory bail hearings are adjourned indefinitely, it amounts to denial of justice.
It undermines the constitutional protection of liberty and gives scope for abuse of arrest powers.
Why Indefinite Adjournment is Detrimental?
Erodes Article 21: Personal liberty is at stake when courts delay decisions.
Defeats the Purpose: The whole point of anticipatory bail is protection from arrest — indefinite adjournments nullify it.
Encourages Misuse of Power: Gives the police unchecked time to arrest.
Mental & Social Impact: The accused lives in constant fear of arrest, affecting dignity and reputation.
Conclusion
The Supreme Court has made it clear that anticipatory bail is a fundamental safeguard of liberty. Indefinite adjournments in hearing such applications are detrimental to justice because they deprive a person of timely protection against arrest. Courts are bound to hear and decide these matters promptly to uphold the balance between individual liberty and investigation needs.
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