Bail on Parity

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      (Case/Appeal No:  Criminal Appeal No(s). 2271 of 2010)
Siddharam Satlingappa Mhetre Appellant(s) Vs. State of Maharashtra & others Respondent(s), decided on 12/2/2010.
Name of the Judge: Hon'ble Mr. Justice Dalveer Bhandari and Hon'ble Mr. Justice K.S. Panicker Radhakrishnan.
Subject Index: Criminal Procedure Code, 1973 — section 438 — ambit and scope of — to consider — the appellant along with his brother instigated their party workers which led to killing of one person. The alleged incident took place after eight days of the alleged incident of instigation — the High Court declined anticipatory bail to the appellant — appeal — whether the powers under section 438 Cr.P.C. are subject to limitation of section 437 Cr.P.C. — no — the courts considering the bail application should try to maintain fine fundamental principle of criminal jurisprudence that the accused is presumed to be innocent till he is found guilty by the competent court — section 438 Cr.P.C. does not mention anything about the duration to which a direction for release on bail in the event of arrest can be granted. The order granting anticipatory bail is a direction specifically to release the accused on bail in the event of his arrest — held that once the accused is released on bail by the trial court, then it would be unreasonable to compel the accused to surrender before the trial court and again apply for regular bail. The validity of the restrictions that the accused released on anticipatory bail must submit himself to custody and only thereafter can apply for regular bail is contrary to the basic intention and spirit of section 438 Cr.P.C. It is also contrary to Article 21 of the Constitution — the impugned judgment and order of the High Court declining anticipatory bail to the appellant set aside — the appellant is directed to join the investigation and in the event of arrest the appellant shall be released on bail on his furnishing a personal bond — appeal allowed.