'Anticipatory bail' under Section 438 CrPC is available to a person
ACharged with offences punishable only with fine
BAlready in custody
CWho has REASON TO BELIEVE he may be arrested on accusation of a non-bailable offence; the High Court / Sessions Court may direct that, if so arrested, he shall be released on bail
DConvicted of an offence
Answer & Solution
Correct answer: C. Who has REASON TO BELIEVE he may be arrested on accusation of a non-bailable offence; the High Court / Sessions Court may direct that, if so arrested, he shall be released on bail
Section 438 lays down anticipatory bail. Sushila Aggarwal v State of NCT of Delhi (2020, 5-judge bench) held that anticipatory bail need not be of limited duration — it can endure throughout trial, with conditions tailored to the case.
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