Evolution of law on anticipatory bail in India

Shah, Malika Galib and Chadha, Vaibhav (2021) Evolution of law on anticipatory bail in India. Janus.net, 12 (1). pp. 251-264. ISSN 16477251

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Abstract

Sushila Aggarwal v State (NCT of Delhi) forms an important part of the law on anticipatory bail in India. Prior to Sushila Aggarwal judgment, the law on anticipatory bail in India was ambiguous due to the varying interpretations of section 438 of the Criminal Procedure Code 1973 (anticipatory bail) by the Supreme Court. It was only in the year 2020 that the law on the matter was settled by the Supreme Court in its Sushila Aggarwal judgment. With this paper, the authors aim to trace the evolution of the law on anticipatory bail in India. It focusses on the landmark judgments of the Supreme Court and meanders its way through conflicting opinions of the Court. The paper concludes by welcoming the Sushila Aggarwal judgment for settling the long ambiguous law on anticipatory bail in India. However, it also highlights the concerns that Constitution Bench failed to appreciate, which if addressed would have made the law free of the loopholes presently plaguing the law on anticipatory bail.

Item Type: Article
Keywords: Sushila Aggarwal v State (NCT of Delhi) | Section 438 Code of Criminal Procedure 1973 | Gurbaksh Singh Sibbia v State of Punjab | Anticipatory Bail | Bail
Subjects: Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Mr. Syed Anas
Date Deposited: 11 Feb 2022 17:48
Last Modified: 11 Feb 2022 17:48
Official URL: https://doi.org/10.26619/1647-7251.12.1.14
URI: https://pure.jgu.edu.in/id/eprint/1205

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