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Universidade Autónoma de Lisboa
e-ISSN: 1647-7251
Vol. 12, Nº. 1 (May-October 2021)
251
EVOLUTION OF LAW ON ANTICIPATORY BAIL IN INDIA
MALIKA SHAH
mgshah@jgu.edu.in
Lecturer at Jindal Global Law School, O.P. Jindal Global University, Sonipat (India)
VAIBHAV CHADHA
vchadha@jgu.edu.in
Lecturer at Jindal Global Law School, O.P. Jindal Global University, Sonipat (India)
Abstract
Sushila Aggarwal v State (NCT of Delhi) forms an important part of the law on anticipatory
Bail in India. Prior to Sushila Aggarwal judgment, the law on anticipatory bail in India was
ambiguous due to the varying interpretations of section 438 of the Criminal Procedure Code
1973 (anticipatory bail) by the Supreme Court. It was only in the year 2020 that the law on
the matter was settled by the Supreme Court in its Sushila Aggarwal judgment.
With this paper, the authors aim to trace the evolution of the law on anticipatory bail in India.
It focusses on the landmark judgments of the Supreme Court and meanders its way through
conflicting opinions of the Court. The paper concludes by welcoming the Sushila Aggarwal
judgment for settling the long ambiguous law on anticipatory bail in India. However, it also
highlights the concerns that Constitution Bench failed to appreciate, which if addressed would
have made the law free of the loopholes presently plaguing the law on anticipatory bail.
Keywords
Sushila Aggarwal v State (NCT of Delhi), Gurbaksh Singh Sibbia v State of Punjab, Section
438 Code of Criminal Procedure 1973, Anticipatory Bail and Bail
How to cite this article
Shah, Malika; Chadha, Vaibhav (2021). Evolution of Law on Anticipatory Bail in India.
Janus.net, e-journal of international relations. Vol12, Nº. 1, May-October 2021. Consulted
[online] at date oflast visit, https://doi.org/10.26619/1647-7251.12.1.14
Article received on July 24, 2020 and accepted for publication on February 27, 2021