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irse
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 Posted - 07/23/2009 : 03:09:45
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New Delhi: The Supreme Court has ruled that anticipatory bail granted to an accused cannot be cancelled by a court unless sufficient material is placed before it to justify the same.
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"The court is free to refuse anticipatory bail in any case if there is material before it to justify such a refusal," a bench of Justices D K Jain and R M Lodha said in a judgement.
But if no material is placed justifying the cancellation, the bail cannot be cancelled, the apex court said.
The apex court passed the judgement while upholding an appeal filed by Savitri Aggarwal and her family members challenging the Bombay High Court's decision to cancel the anticipatory bail granted to them by the sessions court in Amaravati in a dowry death case.
The high court had cancelled the anticipatory bail after Maharashtra government challenged the same. Aggrieved by the cancellation, the accused appealed in the apex court.
Citing the various parameters laid down by the Constitution Bench in the Gurbaksh Singh Sibbia case, the apex court said though the power conferred under Section 438 of (grant of anticipatory bail) the Code (CrPC) can be described as of an extraordinary character, the same does not justify the conclusion that the power must be exercised only in exceptional cases.
Courts can impose appropriate conditions while granting the anticipatory bail the bench said.
"While granting relief under Section 438(1) of the Code, appropriate conditions can be imposed under Section 438(2) so as to ensure uninterrupted investigation," the apex court said citing the observations in the Constitution bench ruling.
Similarly, the apex court cited the ruling to say that filing of a First Information Report (FIR) is also not necessary for granting an anticipatory bail.
An anticipatory bail can be granted even after FIR is filed as long as the applicant has not been arrested, the apex court added.
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supreme court -Anticipatory bail
