In a significant judgment concerning anticipatory bail, the Supreme Court five-judge bench had ruled unanimously in Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98 that as a general rule no limits or a fixed period be ordered while granting anticipatory bail under S.438 CrPC. Further the Court held that the duration of anticipatory bail does not end at the time when accused is summoned by the Court, or where charges are framed. It held that the same will continue till the end of the trial.
After referring the above case and various other case, the Allahabad High Court in Shivam vs State of UP and another Crl.Misc.Appl-2110 of 2021, laid down certain conditions and guidelines to test whether an anticipatory bail should be granted or not after filing of charge sheet. It also laid down certain additional guidlines to note when an application for such bail … Read more