AIR 1980 SUPREME COURT 1632 ::1980 MadLW (Cri) 135 ::1980 Cri App R (SC) 189 ::1980 ChandLR(Civ&Cri) 153 ::1980 SCC(Cri) 465 ::1980 (2) SCC 565 ::(1980) 2 SCWR 172

Supreme Court Of India

(From: Punjab and Haryana)*

Hon'ble Judge(s): Y. V. Chandrachud, P. N. Bhagwati, N. L. Untwalia, R. S. Pathak, O. Chinnappa Reddy , JJJ

(A) Criminal P.C. (2 of 1974) , S.437, S.438— Bail - Ordinary order of bail and order of anticipatory bail - Distinction between. The distinction between an ordinary order of bail and an order of anticipatory bail is that whereas the former is granted after arrest and therefore means release from the custody of the police, the latter is granted in anticipation of arrest and is therefore effective at the very moment of arrest.(Para 7) (B) Criminal P.C. (2 of 1974) , S.438, S.437— Anticipatory bail - Grant of - Powers of High Court or Sessions Court to impose conditions - Extent of. AIR 1978 Punj and Har 1 (FB), Reversed. Constitution of India , Art.21— The Court has the power to impose conditions while granting anticipatory bail. The amplitude of judicial discretion which is given to the High Court and the Court of Session, to impose such conditions as they may think fit while granting anticipatory bail should not be cut down by reading into the statute conditions which are not to be found therein. The High Court and the Court of Session to whom the application for anticipatory bail is made ought to be left free in the exercise of their judicial discretion to grant bail if they consider it fit so to do on the particular facts an....