A person who has committed an offence is not entitled to grant of discretionary jurisdiction of anticipatory bail unless it is shown that the accused is falsely implicated or is entitled for protection of liberty.
The Court underlined that anticipatory bail is a discretionary remedy granted in exceptional cases, primarily when a person is falsely implicated. The Court added, “The power of anticipatory bail is somewhat extraordinary in character and it is to be exercised only in exceptional cases where the person is falsely implicated. Though in many cases it was held that bail is said to be a rule, it cannot, by any stretch of imagination, be said that anticipatory bail is the rule.”
The Court underlined that anticipatory bail is a discretionary remedy granted in exceptional cases, primarily when a person is falsely implicated. The Court added, “The power of anticipatory bail is somewhat extraordinary in character and it is to be exercised only in exceptional cases where the person is falsely implicated. Though in many cases it was held that bail is said to be a rule, it cannot, by any stretch of imagination, be said that anticipatory bail is the rule.”