In Brief
This landmark Supreme Court judgment resolved conflicting interpretations of Section 438 Cr.P.C. regarding anticipatory bail—pre-arrest bail protection for those apprehending arrest. The Court held that anticipatory bail should not be limited to a fixed duration; it normally continues until trial ends, and conditions are imposed based on case specifics rather than invariably. Personal liberty under Article 21 is paramount. The Court overruled restrictive precedents and reaffirmed that discretion should remain with superior courts, subject to judicial caution, not rigid formulae. Police retain investigative rights despite bail; safety comes through conditions and Section 439(2) powers to cancel bail if conditions are violated or new circumstances emerge."
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