Anticipatory bail cannot be a passport to commit offence: SC

The Supreme Court has ruled that courts cannot give a blanket protection to an accused in the name of granting anticipatory bail as it would amount to providing a passport for indulging in criminal activities. "A `blanket' order of bail may amount to or result in an invitation to commit an offence or a passport to carry on criminal activities or to afford a shield against any and all types of illegal operations, which, in our judgement, can never be allowed in a society governed by the Rule of Law,", the apex court has said in a judgement. The apex court passed the ruling while upholding an appeal filed by the Union Government challenging the directions passed by the Rajasthan High Court wherein the latter had ruled that Padam Narain Aggarwal, an export allegedly involved in a customs fraud, shall be arrested only after giving him 10 days' notice. The apex court recalled its observation in the Gurbaksh Singh case that an anticipatory bail is a device to secure the individual's liberty, it is neither a passport to the commission of crimes nor a shield against any and all kinds of accusations, likely or unlikely. The order passed by the High Court to the extent of directions (10 days notice) issued to the customs authorities is, therefore, liable to be set aside, the apex court said.

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