⭐SC: Anticipatory bail – Grant of anticipatory bail is to be exercised with judicial discretion – Anticipatory bail should not be granted to a proclaimed offender.
Criminal Procedure code, 1973 – Sections 437(5) and 439(2) – Cancellation of anticipatory bail – FIR lodged under Sections 147, 148, 149, 323, 325, 341, 342, 427, 186, 353, and 364 of IPC – Liberty is not to be interfered with easily – More so, when an order of pre-arrest bail already stands granted by High Court – Yet, much like bail, grant of anticipatory bail is to be exercised with judicial discretion – Respondent was a declared proclaimed offender – Such declaration subsisting on the date of impugned Order, it was not proper to have granted anticipatory bail to respondent – no exceptional situation arises in a case at hand – Impugned Order granting anticipatory bail to respondent set aside .
Case:
State of Haryana v Dharamraj.
Citation:
2023 (6) Supreme 237.