Supreme Court · 2020 INSC 106 · Decided 29 January 2020

Sushila Aggarwal and Others v. State (Nct of Delhi) and Another

Court
Supreme Court of India
Citation
2020 INSC 106 · [2020] 2 S.C.R. 1
Case number
SPECIAL LEAVE PETITION (CRIMINAL) No. 7281/2017
Decided
29 January 2020
Bench
ARUN MISHRA, INDIRA BANERJEE, VINEET SARAN, M.R. SHAH, S. RAVINDRA BHAT (5-judge bench)
Outcome
Directions issued
Case type
Criminal
Acts & sections cited
IPC; CrPC Section 437, 438, 439, 167(2); Evidence Act Section 27; Constitution Article 21

Headnote

Code of Criminal Procedure, 1973 - ss.437, 438, 439 and 167(2) - Order u/s.438 granting anticipatory bail - Life and operation of - Conflicting views of different Benches of varying strength as to whether the protection be limited to a fixed period so as to enable the person to surrender before Trial Court and seek regular bail; whether the life of an anticipatory bail should end at the time and stage when the accused is summoned by the court - Reference to larger Bench - Held: (Per Curiam) Protection

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