Context: Recently, the Supreme Court agreed to hear a petition filed by the Karnataka Lokayukta, challenging the pre-arrest bail granted to an MLA of Karnataka by the state High Court.
About Pre-arrest bail or Anticipatory Bail:-
- Bail is the conditional release of a person from confinement or custody during investigation and trial.
- The Code of Criminal Procedure (CrPC) defines a bailable offense as an offense that is shown as bailable in the First Schedule of the CrPC, or which is made bailable by any other law for the time being in force and a non-bailable offense means any other offense.
- The provision for anticipatory bail was introduced under Section 438 of the CrPC after the 41st Law Commission Report in 1969 recommended the need for a measure that protects against arbitrary violation of one’s personal liberty, such as when politicians detain their opponents in false cases.
- It protects individual liberty (mentioned in Art. 21 of the Indian constitution).
- Its practice is the very essence of Art 22 (2) of the Indian constitution.
- Anticipatory Bail is envisaged under section 438 of the Code of Criminal Procedure (CrPC).
- It enables the accused to approach a session court or High court seeking a direction to release him on bail in case he is arrested on a non-bailable offense.
- The Code of Criminal Procedure (CrPC) differentiates between “bailable” and “non-bailable” offenses.
- It also defines three kinds of bail that can be granted — regular bail under Sections 437 and 439; interim bail or short-term bail which is given when regular or anticipatory bail application is pending before the court; and anticipatory or pre-arrest bail.
Conditions for granting an Anticipatory bail:-
- Nature and gravity of the accusation
- Previous cases of applicant
- The court can impose certain terms and condition
- Restriction on travel abroad
- It denied a person can be arrested without a warrant
