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Anti Thesis to Synthesis - Case Comment on Anticipatory Bail

By Radhe Lal Gupta

Published In

CRLJ 2012

Journey through various judgments from 1980 Gurubaksh Singh1 till 2011 the case of Siddhharam,2 Supreme Court has re-established the law of Anticipatory Bail as per provisions of 438, Cr. P.C. when some cases of Supreme Court has been declared “Per-incuriam.” Prior to this increasing tendency of granting Anticipatory Bail for limited period for 45 days or 60 days with a directions to surrender and apply for regular bail before the Court “created serious divergence resulting with” person having order of Anticipatory Bail has to go to jail. Order of grant of Anticipatory Bail to a person shall not give release at the event of arrests, but giving custody by way of directions to surrender and apply for a regular bail before the Court concerned. In Sunil Gupta case3 it was held that where the anticipatory bail is granted for a limited duration and even during ....

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