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) delineates a bailable offense as an offense explicitly categorized as such in the First Schedule of the CrPC or made bailable by any other prevailing law. On the contrary, a non-bailable offense encompasses any other offense, as per the provisions in force.
- After the 41st Law Commission Report in 1969 recommended the need for a measure safeguarding personal liberty, the introduction of anticipatory bail under Section 438 of the CrPC addressed arbitrary violations. It serves as a protective measure against instances where politicians detain 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.
- Section 438 of the Code of Criminal Procedure (CrPC) envisions Anticipatory Bail.
- In case of arrest for a non-bailable offense, the accused can actively approach a session court or High Court to seek a direction for release on bail.
- The Code of Criminal Procedure (CrPC) differentiates between “bailable” and “non-bailable” offenses.
- Three kinds of bail—regular bail under Sections 437 and 439, interim bail or short-term bail, granted when a regular or anticipatory bail application is pending; and anticipatory or pre-arrest bail—are defined by it.
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
