ASHIT GHOSH Vs. STATE OF WEST BENGAL
HIGH COURT OF CALCUTTA
STATE OF WEST BENGAL
Click here to view full judgement.
(1.)A decision of the apex Court by its judicial implosion in Salauddin Abdul Samad Sheikh v. State of Maharashtra, 1996 SCC (Cri) 198 : (1996 Cri LJ 1368) has made to be the subject matter of debate at the bar over the legitimacy of fixation of outer limit in an anticipatory bail by the Court, if in agreement with the judicial precedents and law. Ultimately, the above decision has turned to an explosion about the concept, aim and object of the anticipatory bail.
(2.)The twin question that showed its head in the decision under criticism is whether anticipatory bail could be granted in a non-bailable offence after submission of chargesheet while the other dealt with the permissibility fixation of outer limit in granting anticipatory bail. So far as the former is concerned, we have answered the issue in detail, since we have copiously dealt with it in Bimal Adak v. State where a batch of applications was dismissed on merit, by our order dated 8-10-1996. Therefore, we safely keep ourselves away from the former question, since answered by us in the negative. Anticipatory bail is a shield against arrest erupting from reasons to believe. It is a social lubricant available to a petitioner to protect him from ignominy, harassment and vexatious allegation.
(3.)The latter question is of considerable significance about the fixation of outer limit in an anticipatory bail, for which, a legal debate ensued. The controversy, according to the learned Counsel for the parties, flow from the decision of Salauddin Abdul Samad (1996 Cri LJ 1368) (supra) which is contrary to the principle of law and the judicial decisions so far pronounced by the Courts of our country.
Copyright © Regent Computronics Pvt.Ltd.