Report No. 48

31. Provision for grant of anticipatory bail.-

The Bill1 introduces a provision for the grant of anticipatory bail. This is substantially in accordance with the recommendation made by the previous Commission2. We agree that this would be a useful addition, though we must add that it is in very exceptional cases that such a power should be exercised.

We are further of the view that in order to ensure that the provision is not put to abuse at the instance of unscrupulous petitioners, the final order should be made only after notice to the Public Prosecutor. The initial order should only be an interim one. Further, the relevant section should make it clear that the direction can be issued only for reasons to be recorded, and if the court is satisfied that such a direction is necessary in the interests of justice. It will also be convenient to provide that notice of the interim order as well as of the final orders will be given to the Superintendent of Police forthwith.

1. Cr. P.C. Bill, clause 447.

2. 41st Report, Vol. 1, para. 39.9.