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1 - 10 of 11 (0.21 seconds)Section 420 in The Indian Penal Code, 1860 [Entire Act]
Section 120B in The Indian Penal Code, 1860 [Entire Act]
Section 482 in The Indian Penal Code, 1860 [Entire Act]
Section 480 in The Indian Penal Code, 1860 [Entire Act]
Section 498 in The Indian Penal Code, 1860 [Entire Act]
Section 439 in The Indian Penal Code, 1860 [Entire Act]
Section 438 in The Indian Penal Code, 1860 [Entire Act]
Gurbaksh Singh Sibbia Etc vs State Of Punjab on 9 April, 1980
10. As per the law settled by the Hon'ble Supreme Court, in
Gurbaksh Singh Sibbia Vs. State of Punjab, AIR 1980 SC 1632, while
granting anticipatory bail, the Court is to maintain a balance between the
individual liberty and the interest of society. However, the interest of the
society would also prevail upon the right of personal liberty. The relevant
part of the judgment is as follows:-
The State vs Captain Jagjit Singh on 14 September, 1961
31.In regard to anticipatory bail, if the proposed
accusation appears to stem not from motives of
furthering the ends of justice but from some ulterior
motive, the object being to injure and humiliate the
applicant by having him arrested, a direction for the
release of the applicant on bail in the event of his arrest
would generally be made. On the other hand, if it
appears likely, considering the antecedents of the
applicant, that taking advantage of the order of
anticipatory bail he will flee from justice, such an order
would not be made. But the converse of these
propositions is not necessarily true. That is to say, it
cannot be laid down as an inexorable rule that
anticipatory bail cannot be granted unless the proposed
accusation appears to be actuated by mala fides; and,
equally, that anticipatory bail must be granted if there
is no fear that the applicant will abscond. There are
several other considerations, too numerous to
enumerate, the combined effect of which must weigh
with the court while granting or rejecting anticipatory
bail. The nature and seriousness of the proposed
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charges, the context of the events likely to lead to the
making of the charges, a reasonable possibility of the
applicant's presence not being secured at the trial, a
reasonable apprehension that witnesses will be
tampered with and "the larger interests of the public or
the state" are some of the considerations which the
court has to keep in mind while deciding an application
for anticipatory bail. The relevance of these
considerations was pointed out in State v. Captain
Jagjit Singh (1962) 3 SCR 622, which, though, was a
case under the old Section 498 which corresponds to
the present Section 439 of the Code. It is of paramount
consideration to remember that the freedom of the
individual is as necessary for the survival of the society
as it is for the egoistic purposes of the individual. A
person seeking anticipatory bail is still a free man
entitled to the presumption of innocence. He is willing
to submit to restraints on his freedom, by the
acceptance of conditions which the court may think fit
to impose, in consideration of the assurance that if
arrested, he shall be enlarged on bail.