In a recent judgment, the Supreme Court of India laid down stringent guidelines regarding the provision of anticipatory bail, asserting that it should be granted only in “extreme and exceptional cases”.
The bench, comprising Justices C T Ravikumar and Sanjay Kumar, emphasized the exceptional nature of anticipatory bail, distinguishing it from regular bail which is more commonly granted.
The Justices elaborated on the necessity for courts to exercise caution and judicious discretion when considering applications for anticipatory bail. They underscored that such bail is not a matter of right and should be seen as an extraordinary measure reserved for specific situations where the justice system demands
The court highlighted the potential risks associated with the indiscriminate granting of anticipatory bail, particularly in serious cases. They pointed out that premature protection could lead to a “miscarriage of justice” and significantly impede the investigation process, including the potential tampering or destruction of evidence.
However, the bench also acknowledged the importance of safeguarding individual freedom against unnecessary detention, stating that interim protection might be warranted in “eminently fit cases”.
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