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Title: Evolution of law on anticipatory bail in India
Authors: Shah, Malika
Chadha, Vaibhav
Keywords: Sushila Aggarwal v State (NCT of Delhi),
Gurbaksh Singh Sibbia v State of Punjab
Section 438 Code of Criminal Procedure 1973
Anticipatory Bail and Bail
Issue Date: May-2021
Publisher: OBSERVARE. Universidade Autónoma de Lisboa
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.
Peer Reviewed: yes
ISSN: 1647-7251
Appears in Collections:OBSERVARE - JANUS.NET e-journal of International Relations. Vol.12, n.1 (May - October 2021)

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