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Anticipatory Bail

SUPREME COURT OF INDIA
[ Constitutional Bench ]
Shri Gurbaksh Singh Sibbia v/s State of Punjab 1980 (2) SCC 565 : 1980 CriXJ. 1125 : 1980 AIR (SO 1632
• Cr.P.C, 1973, Sec 438 — Anticipatory Bail — Grant of
— After filing of Charge sheet — If a parson has not been arrested although an FIR or Charge sheet has been filed, he may be granted anticipatory bail if the circumstances so permit
• Cr.P.G, 1973, Sec 438 — Anticipatory Bail Order — Limitation of — Court may limit operation of order to a short period but normal rule is not to limit the operation of order.
• Anticipatory Bail — Notice to public prosecutor — Is mandatory.
• The applicant must; show that he has “reason to believe” that he may be arrested for a non-bailable offence — Mere ‘fear’ is not ‘belief
• Anticipatory Bail — Status of accused — Consideration of — No presumption that poor shall flee from justice
— No presumption that accused wilt flee from justice — A person seeking anticipatory bail is entitled to bail on conditions to this effect

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