grant of anticipatory bail by superme court
Sumit Vats
(Querist) 24 June 2008
This query is : Resolved
Judgments of superme court in granting anticipatory bail in serious offences, particularly in the case of cheating & forgery etc.case under sec -420,471 of ipc.
Rajesh Kumar
(Expert) 24 June 2008
Anticipatory bail should be granted in all cases where there is no fear of accused fleeing justice. To prevent the accused from fleeing justice is the sole aim of arresting a person. If that aim can be achieved through something, other that depriving the person of his liberty, he should not be deprived of his liberty.
One should not be denied anticipatory bail merely because the complainant has filed serious allegations. Allegations cannot and shouldnot be a ground for denying bail.
Merely because prima facie case is made out should not be a ground for deny anticipatory bail. It is rediculous to argue that anticipatory bail is for people against whom even prima facie case is not made out.
arunprakaash.m.
(Expert) 25 June 2008
Refer case law GURBAKSX SINGH VS STATE OF PUNJAB 1980 scc for rationale behind issueing anticipatory bail.
