Under Section 438 CrPC ('anticipatory bail'), a direction for grant of bail in the event of arrest may be issued by:
Answer & Solution
Correct answer: D.
1. Section 438(1) CrPC: 'When any person has reason to believe that he may be arrested on an accusation of having committed a non-bailable offence, he may apply to the High Court or the Court of Session for a direction under this section; and that Court may, if it thinks fit, direct that in the event of such arrest, he shall be released on bail.'
2. Sushila Aggarwal v. State (NCT of Delhi), (2020) 5 SCC 1: a Constitution Bench held that anticipatory bail need not be time-bound and can continue till the end of trial (overruling the contrary view in Salauddin Abdulsamad Sheikh).
3. Conditions in Section 438(2) may be imposed (cooperate, no influencing witnesses, etc.).
4. Anticipatory bail is not available for certain offences under special statutes (e.g. SC/ST Act Section 18, NDPS Section 37) except in narrow circumstances.
5. Hence option C is correct.
_Source: Indian Penal Code 1860 / Code of Criminal Procedure 1973 / Indian Evidence Act 1872 (Bare Acts, indiacode.nic.in) — CrPC, Section 438; Sushila Aggarwal v. State (NCT of Delhi), (2020) 5 SCC 1_
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