Sushila Kumar v. State of NCT of Delhi

Citation– 29th January 2020; 2020 SCC Online SC 98
Bench– 5- judges bench ( Constitutional Bench)
Facts– The questions put before the Court are:-
(a) what is the life or duration of an anticipatory bail when the same has been granted by the competent court?;
(b) once an order granting anticipatory bail has been passed, whether the said anticipatory bail only survives till the stage of filing of charge sheet/challan/final report or whether it subsists during the entire duration of trial?

Judgment– The protection given to a person under Section-438 of the Code of Criminal Procedure, 1973 should not be decidedly be limited for a fixed period. The conditions of Section- 473(3) read with Section 438(2) should be imposed. In case, if there are any particular features and facts in relation to any offence, it’s open for court to impose any sort of appropriate conditions. The duration of the order of anticipatory bail does not end at the time and stage when the accused is summoned but it shall continue at the end of trial.

Akanksha Gupta

Currently pursuing LLM from University of Rajasthan. one can reach out her on aklawyerslawhub@gmail.com

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